Research Related Problems Of Government Information Disclosure Lawsuit

Government information disclosure is the construction of government by law, the product of sunshine government. It plays an important rolein protecting the citizensright to information. There are right, there is relief. Government information disclosure lawsuit is a civil rights remedy. Government Information Disclosure Litigation as a new type of litigation, started late, development is not perfect, many problems encountered in the judicial practice. In this paper, the case as a starting point, were presented in four parts of the four main issues encountered in the government information disclosure lawsuit, that finds the plaintiff qualifications, the burden of proof does not exist in the information, with the exception of information, the issue of the protection of rights of third parties, and analysis of these issues one by one, and then propose solutions to measure and improve the proposal.The first part is about the existence of the government information disclosure lawsuit plaintiff eligibility problem analysis and improvement recommendations. Because government information disclosure lawsuit is a new lawsuit, different from the traditional administrative litigation, plaintiffs have identified distinct from the special rules of general administrative proceedings, plus such cases the type of complex, leading to the existence of standards in court finds that plaintiff qualification terms is not clear, uniform, too narrow in scope and other issues, and even the same kind of phenomenon of cases occur in different processing modes. The main part of the reason the government information by plaintiff qualification analysis of the problem, the government put forward suggestions to improve information disclosure plaintiff qualification, that is clearly the government information disclosure Litigation specific criteria to classify and extend eligibility plaintiff build government information disclosure public interest litigation.The second part is the core issue of the scope of clear disclosure of government information, discuss issues identified that exception information. Our government information disclosure principle, not open to exceptions, government information is not public information as an exception are called exceptions, including information involving state secrets, trade secrets, personal privacy and other exceptions. Should a government information disclosure is the focus of litigation dispute between the parties, and therefore the exception of information has become an important part of the identification of cases heard, and directly linked to the verdict. However, our case law does not make exceptions to clearly define the scope of information, which led to the use of the executive in the information disclosure provisions of principle process to circumvent the law, the court finds that the case is an exception when information is also fraught with uncertainty. Based on this chapter will focus on resolving exceptions to the definition of the information state secrets, commercial secrets and personal privacy, as well as the issue of judicial review of the exceptions identified in the information.The third part is the analysis of the Government Information Disclosure Litigation third party rights protection issues. For information concerning the practice of public rights of third parties, on the one hand related to the protection of citizens’ right to know, on the other hand relates to the third-party trade secrets, personal privacy protection. In China, the latter is often insufficient attention, coupled with the existing law gives the executive a greater discretion to disclose information also has irreversible, making the rights of third parties vulnerable in information disclosure, and thus the first safeguard the interests of the tripartite action even more necessary. This part of the counter-proposal by analyzing the proposal of building a public information program and the litigation system.