The Research Of Government Information Administrative Proceedings

Cases of administrative proceedings concerning government information publicity belongs to the scope of administrative proceedings but differ from the general cases. With the increasing cases year by year, the "Administrative Procedural Law" only is far from solving all the problems emerge in the process of governmental information publicity. The "Ordinances of government information publicity of People’s Republic of China" which has been carried out in2008provides the legal ground for this kind of problems, but seen from the judicial practice in recent years, it does not cover a great many issues. This paper aims to discuss the various problems we will encounter as the government information publicity enters into administrative proceedings, such as the demandant and the defendant, the third party, the scope of accepting cases, burden of proof and the mode of trial and so on, which are similar to general administrative proceedings but somewhat different. In addition, as introducing the system of foreign typical countries like the United States, Britain and Japan, I make selective analysis of their pros and cons as well as their reference value for China.In accordance with the basic conception mentioned above, this paper can be divided into four parts, including the introduction:The first part is the introduction. By combining with the current situation of administrative proceedings concerning the government information publicity of China, I put forward the core problem and research object. At the same time, I make literature review concerning the issues of the parties, the scope of accepting cases, burden of proof and the mode of trials as well as foreign studies which will be listed in the following text, so as to find the starting point of this paper.The second part is the overview of administrative proceedings concerning government information publicity and case analysis. This part centers on the typical cases and the analysis on these cases, depend on which I define the scope of administrative proceedings concerning the government information publicity as well as make detailed discussion. I add some case analysis so as to better integrate the theoretical research and judicial practice. Finally, I conclude the necessity and significance of establishing this system based on the analysis above.The third part is about the related issues. I analysis the parties, the scope of accepting cases, burden of proof and the court decision.The fourth part is the enlightenment we get from the administrative proceedings of government information publicity. In this part, I introduce some reference and enlightenment from the practice of foreign typical countries, including the United States, Britain and Japan, based on which I put forward some suggestion to perfect the legal system of China.