On The Affirmation That Government Information Does Not Exist In Administrative Trial

Since the implementation of the Regulations on the Openness of Government Information of the People's Republic of China(hereinafter referred to as the "Regulations"),the government information disclosure work in China has developed rapidly,and the number of government information disclosure administrative lawsuits has also increased dramatically.In recent years,local courts have discovered a new type of government information disclosure administrative litigation case in judicial practice,that is,the case of “no government information exists”.When the courts try such cases,they often encounter various problems.The root cause is that the meaning of the non-existence of government information makes the courts disagree on the non-existence of government information,which leads to the efficiency of the court's trial activities.If the referee is low,the results of the referee will not be satisfactory to both parties.This thesis mainly explores one of the difficult problems in the judicial practice of cases where government information does not exist--how to correctly determine that government information does not exist.Given total around the administrative organs in the government information publicity "government information does not exist" this specific answer,put forward the government information does not exist as a negative for the fact that what is considered the problem,and through the way of case study tried to clear the specific meaning of the "information does not exist" and administrative organs answer specific situation of "government information does not exist".And combining the most controversial issues facing the revision of the law,such as the unclear scope of information disclosure and the connection between the "confidentiality law" and the "regulations",the author tries to find solutions to the problems.At the same time,it tries to improve the supporting system,such as strengthening the reply reasoning system of administrative organs and improving the management mechanism of archives and documents,so as to improve the acceptability of the applicant's reply that "government information does not exist" and finally solve the problem that there is no lawsuit over government information.Nowadays,China has made small achievements in the construction of information disclosure system,but there are few studies on the specific response method of “no information exists”.In the judicial practice,the case of “non-existence of information” faces many questions.On the occasion of the implementation of the newly revised "Regulations" on May 15,2019,this thesis aims to analyze the specific situation of the government's response to the "non-existence of government information" by inductive analysis,and to explore the problems in the case of non-existent government information in judicial practice.Countermeasures to provide some ideas for the better implementation of the newly revised "Regulations" in practice.