Case Study On Anti-information Disclosure Litigation

With the development of society and the deepening of reform, the process of China's democracy and legal system continue to accelerate. Since the fourth Plenary Session of the CPC Central Committee, ruling the nation by law become the theme of our country in democratic political life. Following the historical trend in building of a democratic system, our government also shift to the legal track in building of a democratic system and social management. In the historical trend of building democracy and legal system, our government also shift to a service-oriented government from a management type goverment. Goverment's service function and the sense of democracy and legal system are enhanced. Sunshine Government or Legal system government has become a trend in development. Government's information transparency become better and better. Since 2008, The People's Republic of China on Open Government Information was enforced, our government has made great progress in building government's information transparency. Although the publicity of governmental information of Chinese government fall behind many developed countries,but with the development of our country, especially in order to meet the accession to the WTO to address the needs of a variety of international rules,our government made great effort on government information disclosure.With the constant deepening of government information disclosure, many problems that had not been expected are exposed. How to deal with the relationship betteween government's information disclosure and the third party stakeholders' interest? How to protect the third party stakeholders' interest when their rights was violated? How to get the support from the judge when their rights was violated? Which rules dose the anti-information public litigation should be followed. All these problems should be resolved in the future.In this paper, the following three aspects of the problem were elaborated: the first part, the problems through the typical case of the introduction will be find; the second part,analyze the issues that the court need to addresse;the third part, some rules and institutions will be elaborated that about anti-information disclosure litigation.