A Case Study Of Plaintiff Qualification In Litigation Of Government Information Disclosure

The improvement of government information disclosure system is the basis requirement for construction of legal system society and the inevitable choice for the establishment of legal system government, sunshine government and service-oriented government. The Regulation of the People’s Republic of China on the Disclosure Government Information, which is hailed as "Sunshine Act" was enforced on May1,2008, which greatly stimulated enthusiasm of application for information disclosure of citizens and the number of citizens who applied for information disclosure in relevant government departments increased dramatically. Any law shall provide protection of the rights thereof to ensure the realization of relevant rights and the Regulation of the People’s Republic of China on Government Information Disclosure is no exception. It stipulates that the citizens may bring a lawsuit if the relevant governments refuse to disclose the information under request and therefore, a new form of administrative lawsuit--litigation of government information disclosure came into existence. As a relief method for government information disclosure, the litigation of government information disclosure has been used more and more frequently as a means to safeguard their rights and interests of the citizens who apply for information disclosure. But, most of the government information public lawsuit ended in the plaintiffs lost, in the cause of losing the discomfort of the plaintiffs qualification is a very important reason.Taking Wu Mou v. ChangGeShi related functional departments of the people’s government of the case as an example to analyze the government information disclosure lawsuit plaintiff qualifications, the integrated useresearch methods of case analysis, comparative research, document analysis.The article is divided into three parts. The first part, introduce related cases, and points out that the case is the focus of the controversy is whether the Wu Mou with the plaintiffs qualification; The second part, the focus of the case study, it is concluded that Wu Mou is can make the plaintiff qualification of the identity of a third person; The third part, combined with the second part of the analysis of the controversial issues, put forward the information of perfecting suggestion in the measure of the principle of perfecting the government information publicity, increase the legal protection of citizens’ right to know, reduce to the limit of the applicant.