Issues Of Government Information Disclosure Administrative Proceedings

On May 1st 2008,Regulation of the People's Republic of China on the Disclosure of Government Information came into force and the provisions of the Supreme People's Court on Several Issues concerning the trial of administrative cases about government information disclosure were issued in the ensuing time.Judging from the trend in recent years,the number of the government information disclosure litigation cases has been on the increase.But considering the judicial practice in recent years,there are many problems left untouched by the regulations.This paper aims to explore a series of problems faced by the government information when entering the administrative proceedings,such as the plaintiff,the scope of accepting cases,the burden of proof,the way of trial and so on.In addition,in the introduction of the system of some representative foreign countries such as the United States,Britain,and Japan,their advantages and disadvantages are analyzed and their value of reference to China is discussed.Based on China's information disclosure legislation,the current judicial situation,and foreign experience in judicial practice,this paper presents five suggestions to break through the difficulties in the information disclosure litigation,that is,to make clear of the scope of accepting cases of the government information disclosure litigation,relax the constraints to the qualifications of the plaintiff,flexibly select the way of trial,apply typical cases to judicial practice,and improve the relevant systems.With these done,the citizen's right to know will be protected and the gradual improvement and development of litigation system of disclosure of government information will be achieved,ultimately promoting the transparency of government administration and turning the government into a service-oriented one that effectively serve the masses and society.