The Burden Of Proof In Administrative Case On The Disclosure

The right to freedom of information or the right to information is an important part of modern democracy, Government information disclosure has become a worldwide trend. Government Information Disclosure Litigation as a new type of administrative proceedings, there is a big different from ordinary administrative litigation, it is evident in the question of the burden of proof of litigation of the government information disclosure, the existing administrative litigation burden of proof rules can not fully resolve the issues because of the specificity and sensitivity of government information, it is necessary to solving the issues of burden of proof in order to better carry out the government information disclosure.This paper focuses on the reason of the government refused to public information, the applicant does not have the applicant eligibility criteria, the application information belonging to exempt from disclosure, the application information is not existing and other reasons. In addition to the introduction, the article is divided into four parts to analysis the issues of distribution of the evidential burden and review of the standard of proof.The first part will combine with practice and relevant laws and regulations to provide advise to solve the question of the distribution of the evidential burden. Also, refer to the relevant legal provisions on extraterritorial applicant eligibility questions raised reasonable set of application system design threshold.The second part, it would be from disclosure of information is divided into four parts information involving state secrets, commercial secrets, personal privacy and could endanger national security, public safety, economic security and social stability were studied. It defines the administrative organ under the state secrets of the burden of proof; outlines the specific meaning of trade secrets and the standard legislative purpose consider whether disclosure; combination of case studies reviewed related to personal privacy information disclosure range; Finally, we discuss the possible to national security, public safety, economic security and social stability recognized agency review.The third part, defining the legal implications of the information does not exist, analyzes the distribution of the burden of proof and difficult point solutions, provide an standard of whether the government retrieval diligence review.The fourth part, analyzes the proceeding information and internal information through the process of case, and define the content of the burden of proof and the criteria for judging whether or not disclosed.