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On The Litigation Of Open Government Information

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:J GaoFull Text:PDF
GTID:2266330428499561Subject:Law
Abstract/Summary:PDF Full Text Request
The government information disclosure litigation starts relatively late in China. Interms of the the special protection of political rights such as the citizen’s right to know, thecourt has lots of problems in actual practical operations. This paper elaborates thegovernment information disclosure litigation in details in order to identify whether thecases of the government information disclosure litigation can be accepted or not. Thegovernment information disclosure lawsuit follows ‘the burden of proof of the defendantand the burden of plaintiff takes negative secondary burden of proof’principle. Hearing acase of government information disclosure litigation can have concise procedure, and notried publicly review and closed principle in such application are suitable to apply. Thegovernment information disclosure litigation includes performance of the sentences,prohibition, rejected claims sentences, cancellation, confirmation, change decision. Themain types is to perform and to prohibit judgement sentences. Dismissed the claimdecision is different from rejection of the lawsuit. It has to be clearly identify differentverdict in the case of the specific applications.
Keywords/Search Tags:Government Information disclosure litigation, Scope of accepting cases, The burden of proof, Trial, Judgement
PDF Full Text Request
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