Investigation And Analysis Of Government Information Publicity Litigation

Since the promulgation and implementation of the Regulations on the Opening of Government Information,government litigation cases have been increasing year by year,and the proportion occupied by administrative litigation cases has increased year by year.The author tries to find out the crux of the problem by analyzing the specific situation of the current judicial practice.This article is divided into four parts:In the first two parts,this paper analyzes the relevant data of 120 cases of Beijing Higher People's Court,and observes and analyzes the specific case samples,and sums up the problems of government litigation,such as the definition of government information is not clear,the scope is uncertain,the information does not exist doubts,one more case of the phenomenon and so on.At the same time,this article analyzes the root causes of the above problems,and puts forward that the right to know is the basis of the government information disclosure system,and demonstrates the relationship between the right to know and the government information disclosure,and puts forward that the current concept of the right to know is far more than The improvement of the government information disclosure system,the two have not formed a positive interaction between the promotion of thinking and so on.Finally,the time of putting forward the special legislation is mature,and the corresponding solution to the specific problem is put forward:the definition of the information of the internal information and the process information should further standardize the definition of the government information;for the case of "one person and many cases"Improve the regulation of the abuse of application rights;in the case of national secrets,trade secrets,personal privacy information to strengthen the administrative organs of the review of the secret;establish a sound supporting mechanism of interpretation and so on.