| The "Special Needs" term in Regulation of the People’s Republic of China on the Disclosure of Government Information has been used by the government as a reason of secrecy. It will not only make the legislative purpose of information disclosure meaningless, but also do harm to the Citizen’s right to know. The interpretation and application of "Special Needs" should be expanded according to the principle of the Regulation on the Disclosure of Government Information. In the process of the application of special needs, it can’t be treated as the plaintiff qualifications. At present, the problem may not be solved in the current legal system. As a result, the case instruction is going to be introduced based on the bulletin cases and it may change the way of thinking about the purpose of information disclosure. Finally, I believe that it would also have a big effect on the judicial justice.The first part of thesis introduces current theoretical achievements of "Special Needs" term, enumerating and analyzing the meaning of "Special Needs" as well as its applicable conditions and the way of judicial review. And it reveals that academics failed to reach consensus on the interpretation and application of "Special Needs"Staring from a series of typical case, this thesis’second part analyses the change of train of thought on the interpretation and application of "Special Needs" in practice. I seek and list several cases before the "All-china Environment Federation case" at first. It comes to a conclusion that the local court has not come to a consensus on this issue and an authoritative interpretation needs to be published. Then, by analyzing the "All-china Environment Federation case", I try to summarize the more official and guiding interpretation from Supreme People’s Court.At last, I tried to introduce two issues not resolved in "All-china Environment Federation case":the direction and extent of the judicial review.The third part indicates two issues related to "Special Needs". One issue is about the non-necessity of "Special Needs" from the perspective of environmental information disclosure. The other issue provides two paths to solve the "Special Needs" problem in future.The last part of this thesis summarizes the all main point of the text. |
