Miss Li Sued The Ministries Case Law Analysis

Open Government Information contains the public in accordance with the application, apply for a public that there are necessarily the standard of proof, three requirements of law is such a restrictive standard of proof. Miss Li sued the ministries and the case is to apply for government information disclosure process, the various ministries because there is no uniform standard of proof of the specific requirements of different ministries and Miss Li proposed a different certification requirements, which some ministries and public information, but also ministries refused to disclose, which triggered a public administrative proceedings of government information.The case of Miss Li sued the ministries come to exist in cases in two issues:First, upon application of government information disclosure cases, the application of the three requirements of law is shown; in government information public administrative proceedings, the plaintiff qualification. Insight for the case to draw the focus of the case, three requirements of law public government information, the application of the plaintiff qualification in accordance with the public administrative proceedings to apply for government information cases.Open process of government information, including government agencies take the initiative to open and upon application in the form. The exercise of the right to know, including seeking, dissemination and reception, represent the interests of demands exercised subject, there are also different, and will result in the process of open government information, the exercise of the right to information in accordance with their subjective initiative, again process. Open channels of government information to be effectively protected, is the premise of the right to know can be exercised. Open government information system, not just to meet the exercise of the right to know, but also pay attention to the balance of diverse interests, to ensure that government information public within a reasonable range. Open government information in accordance with the application, in accordance with the provisions of the three requirements of law, is limited in production, life, and the scope of the research. This range is set, compared with other countries, such as U.S. government information disclosure range is set, the contrast is smaller.Government information upon application of administrative litigation, the plaintiff qualified to determine the problem, a practice problem. Plaintiff qualifications on the nature of the problem is a procedural matter, but also the court whether the case for trial, the legal capacity to expand entity trial. Qualification as plaintiff in the administrative proceedings, it can play to prevent the proliferation of litigation and promote the role of judicial efficiency, to improve the judicial decision, to ensure that before the court for the specific dispute and the prosecution of the litigation matters sufficient personal stake, it is reflects the fair value of ensuring that the prosecutor can only own the rights to relief, not replace other claims rights and unwilling to protect their rights and ensure that victims of serious damage to people’s access to judicial relief. For that qualification of the plaintiff, the key entry point for the applicant, whether the specific administrative act has a legal interest. For the judgment of the stakes, academia, and there is no unified point of view. The provisions of the Supreme Court on the hearing of a number of issues of open government information of administrative cases, the interest determined by the court and the executive authorities to determine, coupled with governments around the world information public administrative litigation in favor of rate is not high is undoubtedly a waste of judicial costs. The main reason is that three requirements of law finds that the interest of the applicant to prove, not supporting the program, all departments are acting in accordance with internal regulations, prove that the plaintiff qualified, will return to open government information at the application stage.For the above problem, the government information disclosure system and the United States, the study of comparative law, and perfect views of Miss Li sued the ministries case law. The first is to put forward the recommendations of the Perfection of the open range of government information, mainly compare the U.S. government information disclosure status quo, come to a proposal to expand the scope of disclosure of government information, after all, the role of open government information, is to allow the public to be better able to participate in government information disclosure process to allow public participation in all aspects of government decision-making so that the public will understand the feelings of political participation of decision-making, better recognition of the Government’s work, and better conditioning of social stability. Followed by recommendations to the perfect set up in accordance with procedures to apply for government information disclosure, the same is to compare the United States Freedom of Information Act, put forward specific suggestions for improvement. Finally, for the improvement of the applicant relief program contains a set of two aspects:One is to improve the right to know the settings, it may improve the applicant relief program, and to protect the right to information is a trend, the right to information set into the basic rights of citizens, not only help to advance the process of the rule of law in China is a great significance for the maintenance of social stability; proposed open government information litigation to Reconsideration front proposal to reason is the practice too low, the government information open cases in favor of all countries there is a common phenomenon. For government agencies, the administrative reconsideration front, will save a lot of the cost of justice. The administrative organs of self-correction of administrative actions biased. The success of this case, a more favorable and the applicant needs relief.Miss Li sued the ministries of the case by a more widespread concern, the applicability of the cases of three requirements of law, Open Government Information in Administrative Litigation identified the problem is resolved, is to promote the rule of law in the process of step power. Improvements of open government information system, improve the setting of the right to information, and improve the applicant’s relief program is to allow our government to build a more reasonable, to protect the public right to know can be a good exercise.