Li Moumou V. Guangdong Provincial Department Of Transportation Government Information Disclosure Case

Application for government information disclosure,as a right of citizens,is a tool and weapon to protect civil rights when properly applied.At the same time,due to the potential uncontrollability of the specific implementation of administrative organs,once the application is improper,it will cause damage to the people’s rights in all aspects.Based on this particularity,government departments have always attached great importance to citizens’ application for government information disclosure and strictly controlled the scope,method and relief of government information disclosure.China’s regulations on the disclosure of government information also control the time limit for the disclosure of government information.Article 24,as the main clause of the time limit for the disclosure of government information,is of great significance for defining the time limit and protecting citizens’ right to know.However,due to the vague and incomplete provisions on delayed reply to government information disclosure in China’s legislation,it is unclear whether "internal processing process" should be included in the scope of delayed reply to government information disclosure in practice,which leads to public opinion’s doubts on the rationality of legislation and impartiality of law enforcement.Therefore,it is of great significance for judicial practice to make clear the acceptance date of government information disclosure and clearly distinguish the reasons for delay in reply to government information disclosure.After the verdict of Limoumou v.Guangdong Provincial Department of Transport was announced,caused the social public opinion and high attention of administrative law,academia is generally believed that the dispute focus mainly concentrated in the Internet age government information public acceptance,confirmation of disputes,the age of the Internet to the internal treatment process for the delay reason is the establishment of dispute between the two issues.First of all,through the analysis of the meaning and characteristics of the acceptance of government information disclosure,it is learned that in practice,the application for government information disclosure through the Internet is successful.The criterion for the submission of the application is that the administrative organ queries the "accepted" status display or text message reply after receiving the application for government information disclosure from citizens.Secondly,the deferred reply to the disclosure of government information only stipulates two situations in our country’s law.Through an investigation of the department of transportation of guangdong province,we know that it does not meet the above two conditions.To sum up,the act of guangdong provincial department of transportation was illegal,and the court made a fair judgment.