Discussion On The Issue Of Judicial Review Of Cases Of Government Information Disclosure

The omission in government information disclosure is the concrete embodiment of administrative omission in the field of information disclosure.Government information disclosure omission not only has the general performance of administrative omission,but also has its own characteristics due to its occurrence in the specific situation of government information disclosure.Law of the People's Republic of China government information disclosure regulations(hereinafter referred to as Mthe government information disclosure ordinance")to implement more than a decade,caused by the govermment information publicity is not as a high incidence of administrative litigation has been in a situation,the court in the process of judicial review to face many different from ordinary embarrassment of administrative litigation.Based on the clear the government information publicity is not as a concept and constitutive requirements,the government information publicity is not as a concept and standard of judicial review case,based on analysis of the value of this problem,on the basis of the tianjin happened nearly 400 cases,in tianjin district court of first instance and the government information publicity is not as a case,the high information disclosure is not as two levels of court cases of second instance and retrial cases as the focus,network combined with the written judgment in the summary of key words.It is found that the government information disclosure as a case in the judicial review of the prominent problems:namely,on the grounds of "government information does not exist" not to perform the government information disclosure duties;Failure to perform government information disclosure duties by express refusal to disclose;Cases in which the government fails to perform its duty of disclosure of government information in the form of act but not in substance,and in cases in which the government fails to perform its statutory duty in the form of delayed performance.After clarifying the crux of the above problems,the author learned from overseas legislative experience,clarified the meaning of "government information does not exist",and standardized the thinking of the court on the determination of non-performance cases derived from "government information does not exist'1.By dividing the nature of administrative ACTS that explicitly refuse to disclose government information,the judicial thinking of such cases can be further clarified.It clarifies the connotation and extension of formal action but substantive inaction and solidifies the judicial review standard of the court.In order to pursue administrative efficiency and protect the parties' right to know,the judicial review of cases of omission caused by delayed performance should be improved.The above discussed in court injudicial review of government information publicity is not as the problems encountered in the process of as foothold,closely related to the constitutive requirements of the government information publicity is not as.clear standard of judicial review of problems,put forward from the perspective of judicial practice,thus to provide a reference for our country court correct in such cases,improve the government information disclosure in our country court not ability as a case for·judicial review,to promote the further development of our country government information publicity work to make due contributions.