Research On The Issue Of Burden Of Proof In The Government Information Public Litigation

The right to know is the basic right of the citizen,the government information publicity system is the basis of guaranteeing the right to know,and the government information public lawsuit provides the relief for the citizen's right to know.The public lawsuit of government information is a new kind of administrative lawsuit,because its burden of proof has particularity,there are differences in the operation practice of administrative litigation system.The rules of the burden of proof in government information public litigation are relatively complicated,the legal provisions are vague,the application of judicial practice tends to be confused,and the citizen's right remedy cannot be completely realized.It is of great significance to clear the rules of the burden of proof in the government information public lawsuit to correct the illegal administrative acts,protect the citizens ' right to know and realize the fairness and justice of judicial adjudication.This paper takes the administrative litigation judgment document as the research foundation,bases on the general stipulation of the burden of proof in the administrative lawsuit,returns to the relationship between the burden of proof and the burden of proof in the public administrative procedure of government information,and tries to construct the rules of the burden of proof in different cases in the government information open this thesis includes the following five chapters:The first chapter discusses the theoretical problem of the burden of proof in the government information public lawsuit.The definition of the burden of proof in public litigation of government information distinguish the subjective burden of proof and objective burden of proof,discuss the social function of the burden of proof in the government information public lawsuit,analyze the relation between the government information open lawsuit and the general administrative lawsuit in the burden of proof,and the particularity and the reason of the burden of proof of the government information public lawsuit.The second chapter discusses the present situation and problems of the burden of proof in the government information public lawsuit.This paper discusses the present situation of the burden of proof in the government information public lawsuit from the legislative level and the judicial level,the present situation of the legislation is the present state of the government information disclosure substantive law,the present situation of judicature is the general situation of the court hearing the government information open lawsuit case,and afterdiscussing the present situation.The third chapter discusses the distribution rules of the burden of proof in government information public litigation.To discuss the general provisions of the burden of proof in administrative proceedings,this paper analyzes the relationship between the burden of proof and the burden of proof in the administrative procedure of government information disclosure,sums up the general rules of the original defendant's burden of proof,and analyzes the burden of proof of the original defendant,such as the defendant should provide the relevant normative documents or power list to explain the non-obligation public,the defendant should bear the burden of proof to the fact that the government information does not exist,the plaintiff should bear the limited burden of proof to meet the facts of "three needs".The fourth chapter discusses the special rules of the burden of proof in government information public litigation.The author analyzes the burden of proof of the accused when the government information is involved in the state secrets,and the special rules of the court to examine the facts,and the defendants should bear the burden of proof of multiple levels on the facts of the evidence in the case of trade secrets and personal privacy.The fifth chapter discusses the perfection of the burden of proof in the government information public lawsuit.Mainly to improve the burden of proof related laws and regulations for the way,the Government Information Disclosure Regulations should be optimized to improve the legal level;by improving the relevant provisions of the burden of proof in the Administrative Procedure Law,it can be flexibly applied to the government information public lawsuit,the stipulation of the burden of proof should be refined in the judicial interpretation,and the guiding case system should be perfected through the laws and regulations to clear the administrative procedure in the government information public litigation burden of proof,improve the citizens ' right to know the effectiveness of relief.