Our Country Government Information Publicity Reverse Lawsuit System Research

In the information society, as the largest owner and controller, the government’sbasic obligation is to inform the public the information which is in its possession andthis act has accorded with the modern democracy. However, the governmentinformation disclosure sometimes clashes with other significant interests, such aspersonal privacy or commercial secrets and the government can not publish this type ofinformation. No right no remedy, to avoid the government disclose the information thatshould not be made public, it has had a notice in the anti-disclosure litigation system.The international legislation began reflecting that the government informationanti-disclosure litigation system is essential. Currently, more than40countries,including the United States, Japan, Britain, Korea, have enacted the freedom ofinformation act which expressly provides private party the right to bring ananti-disclosure suit. The system is a demand of protecting personal privacy andcommercial secrets and also an effective measure to prevent abuse of citizens’ right toknow, it avoid political risk and economic interests rent-seeking and is an importantembodiment of the balance of interests.Throughout China’s current legislative situation, the system is still not perfect inmany ways. Therefore, this thesis based on some previous research, pondered thegovernment information anti-disclosure litigation system with varieties of methods, andmentioned author’s own point of view on improvement from China’s legal norms andlegislation of other countries, in order to have some reference value for practice. Thisthesis is divided into5sections to explore:Section I: Introduction. This part introduces the significance of the research,methods and the basic framework.Section II: Basis Theory of the Government Information Anti-disclosure LitigationSystem. This part mainly introduced the concepts and feature of personal privacy andcommercial secrets, and the clash between the private rights and the freedom ofinformation. The author limited the implication and value of this system and sketchedthe development of the legislation at home and abroad. Section III: Compare on the Government Information Ant-disclosure LitigationSystem Abroad. The author believed that although China’s practice of this system hadmade more development, it needed to learn from the foreign legislation due to theinfancy. This part introduced the system of the United States, Japan and Britain and thensummed up the general character and characteristic.Section IV: Present Legislation Situation and Defects of China’s GovernmentInformation Anti-disclosure Litigation System. This part explained the status of thesystem in China and pointed out the problems and difficulties through the current andmain law articles in our country.Section V: Consummation of China’s Government Information Anti-disclosureLitigation System. Base on the above works, the author thought about the system ofChina, pointed out the improve methods and tried to set up the system from theprosecution condition and the trial process.