Research On The Main Issues Of The Government Information Public Litigation

Against the background of running the country according to law，in order tobuild a law-based， sunshine government，Government Information public lawsuit isproduced，which plays an important role in the protection of citizens’ right to know.Where there is a right，there is a remedy，so all countries in the world make thejudicial relief as the protection of the citizens’to know. However，as a new type oflitigation，in the early stage of the development the Government Information publiclawsuit faces some problems. For examples，People’s Court review of the attitude ofthe authenticity of the information is unclear, vague definition of exceptionalinformation, and information disclosure to third parties the right to appeal the lack ofprotection. The existence of these three issues are a serious impact to achieve thepurpose of information disclosure through cases studies，analysis of the problems inpractice，the causes of the problems，and propose solutions.The first part is to analyze the accuracy of information on the people’s court toreview the need for and methods. Review the information to ensure the authenticity ofthe right of citizens to realize the significance of the material, information related tothe vital interests of the people not only to the public, but also to be true and accuratedisclosure. The section on the theoretical basis of the information to demonstrate theauthenticity of the review, the Court resolved to review the authenticity of theinformation in the face of why the trial, how the trial of the issue.The second part is to analyze information about the exceptions identified.Recognized exception information is clear scope of the core issue of informationdisclosure. The face of the principle of legislative provisions and vague, in partthrough the specific content of the information to be determined exceptions,especially for state secrets, commercial secrets and personal privacy be identified, sothat the scope of information disclosure clearer. And through the balance of interestsare discussed, analyzed how the courts will stick to the national interests and public interests, to achieve protection of personal interests.The third part is the analysis of the third-party litigation interests to protect.Information disclosure lawsuit early stage of development, the protection of the rightsof third parties will be slightly less than litigation, so the risk of third parties face ininformation disclosure and their display a balance between the rights of relief. Thepractical difficulties in part through the analysis of a third party, and then discussesthe status and rights of a third party to the plaintiff to participate as a third personinformation disclosure litigation, and made two recommendations to improvethird-party relief system.In this paper，a method first used in the research literature analysis, to collectinformation on government information disclosure literature proceedings, in order toaccurately grasp the theoretical frontier for this problem. Second，use case analysis,through case analysis and research, found that the practice questions, the rationalanalysis of these issues， and research，found that the practice questions，the rationalanalysis of these issues，and then solve the problem. Finally, this paper also uses acomparative analysis, the type of inductive method analysis, conducted research andwriting articles.