Analysis Of The Legal Problems Of The Absence Of Governmental Information

The law of the People's Republic of China governmental information disclosure regulations(hereinafter referred to as the regulations),since the implementation of governmental information disclosure work in China has achieved great development the enthusiasm of the citizens apply for governmental information publicity is increasingly high,with the governmental information public administrative litigation cases number increases year by year.In recent years,courts have found a new type of public administrative litigation in judicial practice,which is the case of "governmental information does not exist".But because of the governmental information publicity system in our country starts late,in the legislation is not sound and other factors,in the process of the court in such cases,often face all kinds of problems,such as governmental information caused around the court does not exist the meaning of fuzzy understanding of the government without information,that object is not unified,leading to both sides of the controversial focus chaos,influence the distribution of burden of proof is not reasonable to prove existing activities smoothly,such as low efficiency,leading to the court trial referee results are hard to satisfy both sides.This paper mainly explores the governmental information there is no case of triple problems frequently encountered in judicial practice,namely how to correctly understand the meaning of governmental information does not exist,how to resolve the certificate object inconsistency problem,how to reasonable distribution on both sides of the burden of proof and so on,trying to explore the path to crack a organized such cases in the trial practice.