Judicial Review Of The Government Information Publicity

In the past three decades,the right to know are widely acknowledged in most countries in the world,up to now have more than one hundred sovereign countries around the world enact a law of information Publicity,and some other countries are in the legislation.In 2008,The Decree of Government Information Publicity issued by the state council,it's explicitly stipulated that the obligations of Public to disclosure the government information in the form of legislation,administrative organs must public government information in accordance with the law,citizens,legal persons or other organizations shall have the right to access to government information in accordance with the law.However,under article 8 of the regulations on government information Publicity,the administrative organs shall public government information without endangering national security,public security,economic security and social stability.Article 13 the administrative organ shall not public government information concerning state secrets,trade secrets or personal privacy.However,if the obligee agrees to public or the administrative authority considers that the government information which may have a significant impact on the public interest,,may be made public.Because of the government information?state secrets?commercial secrets? personal privacy are difficult to definition,to open or not the public scope of government information boundaries is not clear,the rules are often to be the reason for an administrative organ to exemption from public,that is the controversial.It is of great significance to correctly applied he Decree of Government Information Publicity,to trial the administrative cases of government information in accordance with the law,to supervise the public behavior of the administrative organs in accordance with the law,and to implement the protection of the right to know.On the judicial review level must clarify relevant concepts,clarify the burden of proof,unify judicial review standards,and rationally respond to the challenges posed by the new system to traditional administrative litigation.The standard of four elements is strictly applied to the government information identification standard,and the determination of state secrets should adhere to the limited form examination,which shall be classified by the authority in accordance with the secret law of the conservative state.For the disclosure of government information involving third party interests in the process of guaranteeing third-party self-determination,the principle of public interest should be used in the entity.The judiciary should protect the people's right to know as much as possible,but abuse of the right of action must also be restricted.