Research On The Improvement Of Government Information Disclosure Litigation

The formation and development of the government information disclosure system reflect the exploring and developing of the administrative law. The system considered as human rights protection system and the new system of governance was widely respected in the current society. In the process of building sunshine government and transparent government, it plays an important role can not be ignored. At the same time it also becomes one of hot topics in the study of scholars at home and abroad. But in recent years the research towards the government information disclosure system, and less focus on litigation system analysis and research. As the new type of litigation, information disclosure is necessary to combine the current status of judicial analysis, to find out the real difficulties and problems, paving the road to the government information disclosure litigation.Taking 51 cases of Fujian province as the research sample, with an empirical analysis combined with the current status and main problems of the development of judicial practice, the perfect suggestions are put forward, in order to get rid of the current litigation.The first part: the present situation of the judicial practice. Through the empirical analysis method to introduce the basic situation of 51 cases of Fujian province, from the overall increate to the regional differences in contrast, from the departments involved to the type of information, from defense reasons to the court’s decision, multi-angle and multi-level analysis of the current development situation of litigation.The second part: summarizes the main problems. On the basis of date statistics in the first part, analyzes the current judicial practice existence predicament. Main problems focus on the applicant’s purpose of litigation, the plaintiff withdrawal, the information does not exist, and the four aspects of classified information.The third part: lawsuit trouble reason analysis. From concept to system double deletion, the traditional secrecy administrative concept, the lack of civil rights, support for information disclosure of factors such as the lack of legal system and administrative system restricts the healthy development of the government information disclosure litigation.The fourth part: Litigation perfect proposal. Based on the analysis of the third part from the idea to system, to put forward the perfect suggestion to reconstruct the litigation. To solve the current difficulties need litigation parties establish correct treatment of information. To establish an effective system of government information disclosure litigation from the aspects such as the plaintiff withdrawal, strengthen the responsibility of proof, the review of classified information and so on.