Government Information Disclosure Litigation Predicament And Countermeasures

no efective judicial review as a formal system security, public administrative lawis a toothless tiger，The decree of government information openness promulgate carryout four years many since，due to the lack of supporting the judicial interpretation，itspurpose of legislation failed to pass the judicial relief way to ensure the realization of.In August13,2011," Supreme People’s Court on the trial of administrative cases ofgovernment information disclosure provisions on Several Issues Concerning”promulgated and implemented, the government information public lawsuitdeterminethe disclosure of government information plaintiff and defendant rangeprovides forthe plaintiff and the defendant ’s burden of proof of their respective。Judicial interpretations promulgated and implemented to solve the problem ofthe government information disclosure litigation is currently facing major difficulties,is undoubtedly the timely assistance, which effectively made up the decree ofgovernment information openness defects,which solve the information publicdisputes through litigation relief way completely clear。But also should see at thesame time, in the current cintext of China administrative litigation system and the law,the national condition of primary level, the Government Information PublicityLitigation as a new litigation, on a judicial interpretation to solve all the problemsdifficult to put into practice the ideas。Moreover, the judicial interpretation itself alsohas some shortcomings。This paper focuses on the judicial interpretation as thestarting point, to explore the government information disclosure litigation in judicialpractice the main difficulties of judicial interpretation, solved and unsolved problems,and on this basis, put forward counter measures to improve。In the structure, in addition to this introduction, is composed of four chapters。The first chapter discusses the basic theory of Government Information DisclosureLitigation--the meaning of the action, action and earning types and characteristics。The author thinks, the government information disclosure litigation is to protect thecitizens’ right to know the important strength。The second chapter studies the government information disclosure litigationdifficulties in judicial practice performance—“the silence of the court”, the burden ofproof standard confused how to allocate the dilemma, involving substantive disputelawsuit how to award。By intergrating theory with practice, the actual operation andthe law of different analysis, that because the decree of government informationopenness” their own deficiencies, and make information disclosure litigation injudicial practice faces many awkard predicament。The third chapter of the judicial interpretation to the interpretation of the theory,analyzes its advantages and effective solution to the lawsuit dilemma,but also on itsown shortcomings conducted a preliminary inquiry。 Through the judicialinterpretation of the interpretation of the theory, put forward to perfect for behind thegovernment information disclosure litigation strategy do a good way。The fourth chapter of the perfection of government information disclosure litigation system is suggusted。Specific legislation---in its judicial interpretation as thestarting point, perfecting the system of administrative compensation---to judicialinterpretation as the enlightenment,trial rules as well as the goal of lawsuit valueimprovement。...