Government Information Disclosure Litigation Plaintiffs Qualification

Public proceedings of government information belongs to the payment of litigation, the objective and subjective litigation, the Plaintiff Qualification issues related to citizens, legal persons or other organizations can really into administrative proceedings entity proceedings, so it is very important to protect the right to know.However, the plaintiff in administrative proceedings the eligibility criteria for the uncertainty, the complexity of open government information, the types of cases and government information public proceedings Plaintiff Qualification particularity, this issue is particularly important.The main structure consists of an introduction, five parts, and the conclusion.The first section describes the general theory of open government information Plaintiff qualified.First, the background of open government information litigation, including the process of open government information in China; the concept and characteristics of open government information litigation; three aspects of the constitutional basis for government information disclosure lawsuit.Then discusses the identification rules in Administrative Litigation, including the concept and legal characteristics of the plaintiff in administrative proceedings; the scope of the administrative proceedings the plaintiff; the basic elements of the plaintiff in administrative proceedings; China’s Administrative Procedure Law "on the qualifications of the plaintiff, the four aspects.The second part describes the Open Government Information Plaintiff qualified a number of criteria.First established the three principles of open government information Plaintiff qualifications discussed, namely the principle of protection of the rights, the principle of administration according to law and the principle of policy considerations. Second section describes the different types of open government information plaintiffs that qualification standards, relative standards, that is, direct administrative legitimate rights and interests of harm standard and third-party standards. The third part is the existing provisions of the Open Government Information Plaintiff qualified.The first aspect of the content is "open government information regulations on the provisions of the Administrative Litigation from, divided into two areas of Open Government Information Regulations the eligibility expansion on the plaintiff and the Government Information Disclosure Bill "restrictions on the plaintiff qualified.The second aspect is the Supreme People’s Court on the hearing of a number of issues of open government information of administrative cases provides that the provisions on the plaintiff qualified, divided into three areas, the scope of the plaintiff; involving state secrets, commercial secrets, and other government informationwithheld; the provisions of the rules of evidence.The fourth part of the development of extra-territorial government information public Plaintiff qualified its reference to China.Including the development of the civil law countries, the government information disclosure Plaintiff qualified, common law countries, the Government Information Disclosure Plaintiff qualified development and the development of the Two Open Government Information Plaintiff qualified reference to China.The last part of the elaborate China’s government information to improve public Plaintiff qualified.The first aspect is the current judicial interpretation of remedial measures, including the evolution of the Supreme People’s Court interpretation of the provisions on the implementation of the Administrative Procedure Law of the People’s Republic of China and its evaluation criteria; The second aspect is the Open Government Information in Administrative Litigationlegislative proposals, the "duality" expanding the scope of the Plaintiff, including open government information litigation is necessary, the establishment of the Open Government Information Public Interest Litigation and strict "state secrets","trade secrets" as defined, to establish reasonable rules of evidence.