The Research On Anti-information Openness Litigation

Anti-information openness litigation is different from the traditional administrative litigation and information openness litigation, It refers to the third party in the Administrative Process,during the process of government information openness, the information involving personal privacy, commercial secrets of the administrative relative person, who files Anti-information openness litigation after receiving administrative organs' information openness decision, and before implementing the decision. This new type litigation belongs to preventive action lawsuit; it has the features of preventive, direct prosecution, temporarily cease execution and so on. Its purpose is to safeguard relevant people's privacy which is the basic human rights, and to avoid causing irreparable damage to related administration person by improper government information openness, and to protect legitimate rights and interests of the related administration person.The protection of privacy and the protection of the right is know is the two sides of a coin, for effective protecting the administrative relative person's right to know, the law empowers a lawsuit right to administrative relative person during the process of information openness,which is Anti-information openness litigation. But the relevant laws are not explicitly gives the related administration person right to sue, to protect related administration person's privacy and other legitimate rights. Just as effective judicial review mechanism is the guardian of information openness and citizens' right to know, so does the related administration person. Therefore, it is necessary to legally endow administrative relative person right to sue; this is the new litigation type reverse information openness litigation.This paper includes four parts except preface:The first part, first by comparing the domestic and broad's legal provisions about anti-information openness litigation and theoretical definition, then conclude the concept of anti-information openness litigation. This lawsuit type is different from traditional remedial lawsuit; it belongs to the prevention administrative lawsuit, actual the damage of the related administration person hasn't happened, which is a "controlling" type of litigation. Secondly, discuss the features of the litigation, such as preventive, direct prosecution, temporarily cease execution. Outstanding its unique characteristics as preventive litigation.The second part, mainly introduces the anti-information openness litigation of foreign, mainly including the United States, Japan's related system design, to outstand the main characteristics of system design of this countries, and to help establish our relevant system for reference.The third part, mainly introduces the basis of anti-information openness litigation, from two aspects to prove its theory basis and legal basis, such as the requirements of respect and safeguard human rights principle, rights balance principle, and the request of administrative litigation system development.The fourth part, mainly discusses how to perfect necessary supporting system and how to design litigation system of our country, the Settings of legal supporting system is the elements of the rule of law. To establish anti-information openness litigation in our country, the first to establish the administrative relative person's legal status, give their right to sue, and establish hearing system before the lawsuit, to fully guarantee the procedural right of related administration person, to some extent compensating its relief choice of restrictive. Then design our country' anti-information openness litigation from the aspects of prosecution timing, procedures problems and Substantive problems' review and types of sentence.In short, through specific endow related administration person the right to sue before the damage happened, equally and effective protect related administration person' privacy.