The Government Information Disclosure Lawsuit Trial Research Way And The Ruling Way

As the progress of The Times and development,our country has entered the information era,information access to more extensive,the exchange of information between can promote the development of economy,politics,culture and so on various aspects,including the government information as a way of information sources is of great significance to our country citizens.Because the government public information can protect the legitimate rights and interests of social main body,and even some involves economic related information can bring economic benefits to the social main body.The significance of information disclosure is so big,in order to guarantee citizens can timely access to government information is essential,therefore,formulate relevant remedy is very important,and the government information disclosure litigation as the relief system of government information disclosure case in our view is of great significance.The government information disclosure litigation is different from the general administrative litigation cases,because of the government information disclosure litigation dispute mark is whether the information should be made public.Due to some government information may involve state secrets,business secrets or personal privacy and other administrative organs should not be made public,in court when the government information disclosure case not to accept the ordinary administrative cases,such as hearing,etc.,otherwise will not be easily should open government information shall be disclosed.Court cases are heard the government information disclosure should be how to correctly and make what decision to the government information disclosure lawsuit is more appropriate,in our country are not clearly defined,as space is limited,the author of this article is only the government information disclosure lawsuit trial to study the way and the way of judgment.Perfecting government information publicity system in foreign countries,and the corresponding relief system is incomplete,among them,the system more robust is the United States,in the United States for intelligence,free action rules on the secret censorship,in order to meet the situation of many European countries have their own relevant government information disclosure system,in our country,after the accession to the WTO,different provinces more and more cases on government information publicity,especially in Shanghai,guangdong,Beijing and other more developed economies,but because of incomplete complementary system in China,and more such cases to the plaintiff the losing end.The government information disclosure litigation in China started late,in 2007,China promulgated the "law of the People's Republic of China government information disclosure regulations,since the ordinance was enacted,the government information disclosure litigation practice research in the theoretical circle of concern and attention,in a wide range of research and unremitting efforts,has been very valuable achievements,in 2011 the supreme people's court has issued" the supreme people's court on government information disclosure provisions on some issues of administrative cases,the rules promulgated marked the our country government information disclosure litigation system.Points.Topic content this article text is divided into four parts,the first part,is the general theory research of government information disclosure litigation,to introduces the government information publicity and the concept of government information disclosure litigation,the meaning of government information disclosure litigation,the history of the government information disclosure litigation development and the basic framework of the government information disclosure litigation system in China.The second part,the information disclosure system in our country in recent years,much attention has been paid on one of the relief system of government information disclosure litigation system there are a lot of need to improve and add content.This part introduces the judicial way of government information disclosure in our country and the status quo and existing problems of the way of judgment.The third part,this paper discusses the foreign judicial way and the ruling way of government information disclosure and using for reference.This part mainly introduces the secret censorship in the United States,the United States the summary judgment system,Japan's information disclosure review system,hope that the system of our country judicial way of government information disclosure and the improvement of the ruling way play a role.The fourth part,through the introduction part above,proposed consummates our country government information publicity judicial way and the ruling way of specific Suggestions,in order to our country judicial way is ruling way of government information disclosure research render gave his point.