The Plaintiff's Qualification In Active Government Information Disclosure Litigation

Under the background of constructing sunshine government,government information disclosure is an effective supervision of government operation.In this way,power can be exercised under the sun and the interests of the people can be effectively protected.The regulations on the disclosure of government information(hereinafter referred to as the regulations)promulgated by the state council in 2008 has indeed guaranteed citizens' right to access government information.Subsequently,the supreme people's court promulgated the "provisions of the supreme people's court on several issues concerning the trial of administrative cases concerning government information disclosure"(hereinafter referred to as "the provisions").The regulations and certain provisions provide reliable guarantees to protect citizens' right to access government information.However,the "regulations" and "certain provisions" in many places,the provisions are relatively vague,or even there are some defects.This makes the government information open litigation,in practice,there are many problems identified.Especially in the qualification of plaintiff in active government information disclosure litigation,there are many phenomena of different judgments for the same case and different standards of identification,which cause many difficulties in judicial practice.In addition to the introduction and conclusion,this paper is mainly divided into three chapters to analyze and study the issues concerning the identification of plaintiff qualification in active government information disclosure litigation.In the first chapter of this paper,by collecting three relevant cases of active government information disclosure litigation,the basic situation of the case is sorted out,and the dispute focus of the case is extracted.In the second chapter of this paper.Is the legal analysis of the three disputes focus,which expounds the in active government information disclosure lawsuit,whether the qualification cognizance of the plaintiff to "the applicant and the application of information has an interest" as the prerequisite,the plaintiff qualification of the interested,and decide how to take the initiative to the government information publicity the applicant how to identified three focus problems.Focus of contention in the first,the author analysis the related law and related domestic scholars on "whether need to apply for informatics has an interest" to argue,think in active government information disclosure lawsuit,the qualification cognizance of the plaintiffs don't have to "the applicant and the application of information has an interest" as the premise;In the second focus of controversy,the author mainly analyzes the "interest relationship",one of the conditions for the qualification of the plaintiff in active government information disclosure litigation.First of all,to concern the theory into the analysis of the constitution of crime,that ended with "legitimate rights and interests" and "causality" as identified the components of the stakes,and then to define the lawful rights and interests of the interested in think right is one of the government information disclosure litigation is to protect the legitimate rights and interests of,can't be ruled out.Finally,the author holds that the causal relationship in law should be broadly recognized in order to protect the legitimate rights and interests of the right holder to the maximum extent.In the third focus of controversy,the author mainly analyzes "information disclosure applicant",one of the conditions for the qualification of plaintiff in active government information disclosure litigation.The author believes that in the active government information disclosure litigation,since the regulations recognize that the applicant can have the right to know,then it should be protected.In addition,article 13 of the regulation does not limit the applicant for active information disclosure to "special needs",and the information is about the interests of the society as a whole,so anyone should be able to become the applicant for such information for the government's active information disclosure,and there should be no restriction.Finally,the author summarizes the qualification of the plaintiff in the above active government information disclosure litigation,draws inspiration and puts forward Suggestions to supplement the deficiency of China's qualification of the plaintiff in the active government information disclosure litigation,reduce disputes in judicial practice,and protect the rights and interests of the parties.