The Authenticity Review Of The People’s Court For The Government Public Information

In the disclosure of government information field, the presentlegislation for the publicity of government information, main responsibility,open content scope, public programs are detailed provisions for the relative,and in the administrative practice also maintain the overall stability of lawsand regulations to carry out strength. But because of the legislation, thetime-lag effect for the publicity of government information, authenticity,relief, perfect supervision system and determine the responsibility, either byadministrative regulations or judicial interpretation are few clear, but theprovisions of the operation. The author in this paper, based on the publicityof government information,"real public principle", in order to guarantee theright to know, the administrative litigation citizens to safeguard the publicinterest of the function and the people’s court to the supervision of theexecutive power for the foundation, through the existing laws andregulations, carding and case analysis, demonstrate, the people’s court shallaccept the disclosure of government information authenticity controversialsystem. And on this system premise, discuss the case of concrete system set,and the related legal problems extend along thinking and discussion.This paper is divided into four chapters. The first chapter puts forwardthe disclosure of government information authenticity principle, describesthe characteristics of the information authenticity, and generalizes theauthenticity of information meaning and related controversy form ofexpression. This paper puts forward the main issues to be discussed, that is,if the people’s court shall review the government information authenticity? The second chapter show the trial that the people’s court shallgovernment information authenticity dispute, and the view of the protectionof the citizen’s right to know from the social and public interests, theprotection of the people’s court for judicial power and executive powersupervision and so on three Angle, demonstrates the people’s court acceptsthe case and review of legal theory.The third rules of government information is the authenticity of thespecific action system discussed in this chapter, the author mainly refer tothe current legal system, from the government information to determine thecause of the authenticity, plaintiff qualification, the parties, the burden ofproof and the case ruling form and so on aspects elaborated the people’scourt in the specific case of some problems should be paid attention in.The forth chapter is discussed with the establishment of the system ofreview information authenticity, government information publicity withinthe territory of the other problems and information authenticity of therelationship between the lawsuit. Such as administrative organ of the errormessage the corrections, government information authenticity problem oflegal and public litigation against the information and the relationshipbetween the administrative organizations for error caused by damage to thegovernment information of the administrative compensation.