The Government Information Publicity Litigation Problems Research

With the social development and the accelerated pace of the rule of law, theconcept of sunshine government has become the requirement to contemporarystate organs in the fields of administrative management. More and more peopleare also begin to pay attention to maintain the right to know which is a basichuman rights. But for a long process of the traditional confidential administrationinfluence and the vacancy and deficiency of the related law, administrative organsof government often fefuse to open government information on the excuse ofnational secrets. citizens most often can’t get effective relief even if they submitthe case to court.To analyze our country government information publicity lawsuit practice, themost important problem is the plaintiff’standing to sue,the unclearly standarddefinition of exception information and the security of commercial secrets, personalprivacy in the information public litigation. Our modern sense information publiclitigation start later, so we have the necessary to tease the characteristics ofgovernment public litigation, and compare with other countries on the litigationprinciple and special provisions, begin to review our government informationpublicity litigation. Combining our national cinditions, drawing on foreignexperience, thus we can gradually build up our consummate governmentinformation publicity lawsuit system.The article is mainly doing a deeper discussion on the definition of exceptioninformation and relevant procedure rules in the information public litigation. Inthe litigation process,the focus of controversy is whether a particular governmentinformation should be made public, so the definition of exception informationbecome the most critical aspect of the case, and with a direct connection to finaljudgment. In the problem,we should learn from other countries law specifically enumerated method and strengthen the supervision of the judicial power to theexecutive power.we also achieve balance between the interests, commercial secrets,personal privacy and the right to know. for the related information public litigationprocedural rules, the article focuses more on the burden of proof in theinformation public litigation, the applicant’s final right to judicial review, the rightof claim,the right of timely jurisdiction, and defense litigation operation rules of thethird person in the lawsuit practice.