Discovery Of "Information Does Not Exist" In Administrative Litigation

“The people’s Republic of China Government Information Disclosureregulations” promulgated in our country has important significance to thedevelopment of democracy and rule of law. Especially after joining WTO, the“Regulations” on performing government commitment to transparency principle,building the government under law, improving the democracy of politicalphilosophy, complying with the current world trend, has played a decisive role.During these four years of implementation of the “Regulations”, administrativelitigation cases cause by information disclosure are rising which exposing someshortage of information disclosure system and denounce in administrative organwhen they perform their duties.This paper focuses on “information does not exist” this specific responses in theinformation disclosure, divided three chapters to expound it. The first chapterdiscusses the administrative litigation and the publicity of information theory andpractice. Through the analysis of Shanghai Pudong New Area people’s court caseover the information disclosure, we find that information disclosure cases existvarious problems, we also see that “information does not exist” this response is usedwidely. The second chapter analyzed connotation and form of “information does notexist”. Through introducing applicable circumstances of “information does not exist”in foreign country, according to our country’s situation, find the difference and whatis worth to learn. Meanwhile, the author explored the government information doesnot exist in judicial review in administrative litigation, around distribution of burdenof proof and different way of judge, one by one to discuss.The third chapter, through various cases, the author revealed currentpredicament of “information does not exist”, and tried to provide some superficialsuggestions about appropriate justice way in this awkward situation. At the sametime, the author talked about how citizens to exercise their rights and judicial reviewstandards in administrative litigation process, but also putting forward higherrequirements and responsibilities to the administrative organs in the future.The “Regulations” come on stage created a favorable external environment andprovided important guiding ideology for our further thinking about how to fall innew condition to accelerate the construction pace of sunshine government, how toguarantee the people’s rights to be informed and participation. At present research oninformation disclosure system being conducted like a raging fire in our country, buton “information does not exist” phenomenon is unimpressive. In the process ofjudicial practice, however,“information does not exist” cases have encountered a lotof problems. This paper combining theory with data analysis, while joining a largenumber of cases, tried to disclose the hidden side of “information does not exist”.