Research On Plaintiff Qualification Of Government Information Publicity Litigation In China

With the promulgation of the regulations on the disclosure of government information(hereinafter referred to as "Regulations"),China officially established the government information disclosure system from the legal level.The establishment of the system not only effectively guarantees the implementation of the government's administration according to law,but also effectively protects the citizens' right to know.Since the civil rights are endowed with the corresponding protection measures,the public information litigation is the relief measures give n by the law to ensure the citizens to obtain the government information according to the law.As the last barrier to protect the person's right to know,the standard of the qualification of the plaintiff is very important,because it is the key factor to bring up the public information litigation of the government.Although China has established the government information disclosure and its legal and legal regulations on the legal system level,the implementation time of the system is short.There are stil l many problems to be solved in the practice of the administrative litigation caused by the government information disclosure.For example,different courts have different criteria for the identification of the plaintiff's qualification.The same case can not be treated in the same case;for example,when some administrative relative persons have indiscriminate cases,it has seriously affected the daily work of the judicial organs and the administrative organs.To this end,the purpose of this paper is to better guarantee the true value of the citizens' right to know,to realize the system of government information disclosure,and to use the empirical analysis method and comparative analysis method to study the problem of the qualification of the plaintiff in the current government information public litigation.First of all,through the description and induction of the meaning and characteristics of the government information public litigation,it classifies it,and lays the foundation for the follow-up of the different criteria for the identification of the plaintiff in different types of litigation.Then,starting with the meaning and characteristics of the plaintiff qualification of the administrative litigation,the government information public prosecution is drawn out by deductive reasoning.The meaning and nature of litigation and its identification function are expounded.On the basis of summarizing the existing problems and analysis of the reasons for the identification of the plaintiff's qualification in the government information disclosure in our country,this paper compares the advanced experience of the United States and Japan in the government information disclosure and litigation system,thus enlightens us on the perfection of our country's system,and then proposes to inform the government of our government information disclosure litigation.The improvement of the legal system.