About Bae V.Demolition Of A Town People’s Government FOI Case Behavior Analysis

FOI is sunshine administration should move, is a concrete manifestation of political civilization, is the government’s responsibility in modern society, is a service-oriented government service transparency and openness of a system. As institutional arrangements, it is a recognition that the citizens of countries with public requests for information have the right information to the government as the largest owner and controls, the request should be answered to the public obligations. FOI is the Government’s obligation as a positive, according to publicly disclose their full information; and also the citizens of a free access to government information related to fundamental rights, its purpose is not only to allow citizens to achieve political right to information, monitoring the government, political participation and, more importantly, the value of respect for fundamental human rights of citizens. With the reform and opening up and the accelerated pace of democratic rule of law, information disclosure system has been more and more people know and understand, and to safeguard citizens’ rights is increasingly becoming a tool. With the " Open Government Information Regulations," the implementation of government information disclosure caused due to the administrative litigation cases began to appear for the trial of such cases must be fully understood for " Open Government Information ", based on the considerations and balance various relationships, and strive to do both to avoid administrative proceedings protect the rights of citizens from the last line of defense and restrict civil rights in the last hurdle, but also to avoid competition from the Mediating disputes tools become restart "shortcut."This departure from practical cases to appeal against Bae certain town, Xiaoshan District People’s Government FOI act demolition case analysis, based on the scope of disclosure of government information and government information disclosure problems was analyzed and discussed.Thesis is divided into two parts:the first part, the case is reviewed. This section describes the entire case and the Court’s ruling, and summarizes the case of contention. The second part of the analysis of the case and treatment advice. This section first "government information" means, subject, content, form channels in the form as well as the "Government Information Disclosure range" concept, the scope of disclosure should take the initiative, according to the scope of application for disclosure, not to disclose the scope of the analysis, on the basis of the merits has been further more detailed analysis of the handling of the case put forward opinions. Finally, the legal analysis of the case, put forward their own points on FOI thinking, one should be in the "Open Government Information Regulations" establish "the principle of openness"; second is to solve the problem of mismatched related laws.