An Investigation And Analysis Of The Administrative Litigation On The Government Information Publicity System

It is nearly 9 years since The Regulation of the People's Republic of China on the Disclosure of Government Information began to be implemented on May 1,2008,The legislative purpose lies in standardization of specific administrative acts,and government information publicity,from administrative organs at all levels,to realize the government information transparent,to guarantee administration by law,and to ensure citizens' basic right,the Right to Know established by the Constitution,realized smoothly.Furthermore,it also provides the conditions for citizens to participate in government's administration by law actively and to supervise administration staff to serve people in accordance with the requirements of law.However,The Regulation of Government Information Publicity an administrative regulation and there are some defects in the regulation and its related measures,the supreme law of the judicial interpretation from the Supreme Court.In addition,there are many problems in administrative organs at all levels,they disclose public information whether in accordance with the authority,or in accordance with citizens' applications.Besides,the citizens involved in public information publicity may be reluctant or may abuse the right.Finally,judicial authorities deal with the administrative litigation on government information disclosure in an inappropriate way occasionally.All the factors above result in the system of government information publicity being implemented not fully and effectively in our country.The author,been an intern paralegal in Tianjin Winners Law Firm in the summer of 2016,is honored to participate in the data analysis project on the research of all the verdicts about the Government Information Publicity in Tianjin of 2015.Thus,inspired a lot,the author pay more attention to that field.Therefore,with the help of software SPSS and EXCEL math statistics,mathematical model was established to understand the current problems of the government information publicity system further.The author is expecting to put forward some reasonable analysis,combining with the knowledge I have learned and the experience I have practiced,aiming at the government information publicity system.Finally,several reasonable and rational suggestions will be supplied for the specific reasons.In legislation,the Regulation shall be raised to a higher legal level,and the accountability mechanism and the information reporting system shall be improved.In administration,the judgment of abusing the right of application will be puts forward,as well as the full-time work of information publicity,procedural supervision and accountability,the establishment of large data systems and reference cases.In judicature,the litigious right shall be guaranteed,the abuse of right shall be prevented,and the way of trial shall be ruled,as well as the burden of proof and the mode of judgment.For the majority of citizens,the evaluation system shall be built and "open culture" shall be fostered.