The Research Of Government Information Administrative Proceedings

The implementation of the Government Information Disclosure Ordinance of thePeople’s Republic of China in2008(hereinafter referred to as the Government InformationPublicity Regulations) and "Supreme People’s Court on several problems of GovernmentInformation Public Administration Cases Regulations in2011(hereinafter referred to as theProvisions in cases involving the Government Information Disclosure) has regulated theproblems in details such as litigant’s main body qualifications and the acceptable cases scopeof government information disclosure litigation, such regulations have operability and resolvesome problems in practice. Any regulations could not be perfect, of course, they also existsome shortcomings: one is the regulations do not set the proof rules on governmentinformation public courts when concerning secret matters and do not define the characteristicsof "government information", which will cause uncertainty in practice; second is theregulations do not set the boundary between state secrets and business secrets, which cannotproperly protect the citizens legitimate rights and interests in practice. Because of thedifficulties in practice which has made us realize the theory and effect of governmentinformation disclosure system, it has greater realistic meaning to analyze the advantages anddisadvantages, the causes and countermeasures of such system. This paper is based on theGovernment Information Publicity Regulations and Provisions in cases involving theGovernment Information Disclosure, combined with the Administrative Litigation Law of thePeople’s Republic of China and the trial practice of government information disclosurelitigation to discuss related issues.Here are five parts in this paper:The first part is introduction. To analyze the background, significant and research statusat home and abroad of this topic, the author put forward the research ideas, methods andinnovation.The second part is to arrange the contents and characteristic of government informationdisclosure litigation. First is the disagreement is factual, second is the dual nature of v.interests. Whether the acceptation of the government information disclosure case beyond thescope of "administrative litigation law" and how to determine the accepting cases scope ofgovernment information disclosure litigation. The third part is mainly talking about the litigants’ qualifications of governmentinformation disclosure litigation. The qualifications of plaintiff should be distinguished in thesituation of “in accordance with law, apply to the administrative organ for access togovernment information of the applicant" and "believe that the government informationdisclosure could damage its business secrets and personal privacy of third party", and then todiscuss the possible situation of defendant and the third party in government informationdisclosure litigation.The forth part is to introduce the rules of government information disclosure litigationwhich the administrative litigation law could not or hard to adjust. First is the heard in privatesession when the case concerning the secret matters, and the re-identified the new proofswhich the administrative organs submit in the second trail, based on the cases to discusswhether the information belongs to the freedom of disclosure and the burden of proof, finallyput forward the resolving methods.The last part is mainly focus on the application of government information disclosurelitigation, the application among government information disclosure regulations, archives lawand secrets act. Between the government information disclosure regulations and archives law,it should be discussed in apply for public file already, has not yet been handed over to thenational archives of the permanent administrative organ’s archives legal application and applyfor open has been handed over to the national archives administration files suit the applicablelaw such two situations.