Research On University Information Disclosure Litigation

As a part of administrative litigation,university information disclosure litigation should give consideration to the interests of information applicants in both form and substance.In the context of information disclosure and transparency,the university information disclosure litigation system,as an extension of citizens' right to know in the field of education,is an inevitable choice to supervise the exercise of public power and curb the corruption of universities,and plays an important role in both public power organizations and private legal subjects.The whole process of rule of law includes legal expression,legal practice and a series of legal operations.Then,under the condition of affirming the existing system,the author systematically discusses the expression and practice under the system construction.Based on the information public lawsuit system in colleges and universities as the research object,through case analysis,literature analysis,theoretical analysis method,history method,pointed out the flaw of the words and the problems existing in the actual applied,put forward the substantive and procedural laws of cohesion of fusion.The first part of the definition of the public lawsuit "in colleges and universities information",explains the meaning and characteristic of university information public litigation,the litigation object has the administrative behavior due to publicity,particularity,there is a special trial way,both subjective and objective litigation characteristics,is to meet the needs of the citizens' right to know,the university governance benefits balance,is a necessary choice to curb corruption in colleges and universities.The second part "Statistical analysis of litigation data of university information disclosure",clear university information disclosure litigation law application and characteristics.From the perspective of 58 cases from 2012 to 2019,relevant data were analyzed and sorted out,and argumentation was analyzed from seven aspects:the trend of the number of cases and the geographical distribution,the plaintiffs claims,the scope of cases accepted,the burden of proof of both parties,the trial court and the judgment.To be specific:the number of cases is small but on the rise year by year;The applicant's appeal is to request the performance,cancel the behavior of the university and perform the main;The number of cases in different regions varies greatly,and the economic development is positively correlated.The economic development and the per capita income and expenditure are positively correlated with the protection of the public's demand for information and the right to know.The scope of accepting cases is diversified,but mainly includes admission examination,academic degree evaluation and student status files.More than half of the plaintiffs claims were rejected,and the appeal rate was high but the victory rate was low.The third part "university information disclosure litigation problems and causes analysis",through the analysis of relevant cases,around the narrow scope of accepting cases,information does not exist in the allocation of burden of proof is unreasonable,the court review intensity is unknown three aspects.The definition of "other information"and "state secrets" in the legislation is not clear."Information does not exist" is a negative cause,and there is a dilemma in the distribution of burden of proof Under the guidance of different procedural concepts,the review standards and illegal results are judged differently,and the causes of the above problems are analyzed from the institutional level,conceptual level and judicial practice level.The fourth part,"Suggestions on improving the administrative litigation system of information disclosure in colleges and universities",puts forward some Suggestions on the problems that have been exposed.Extend the scope of accepting cases.To make substantive analysis,literal interpretation and purpose interpretation of "other information",and to examine the power of the university to make its own decision to make public.The concept of "state secrets" was concretized and a secret review mechanism was established.Put forward general requirements for rationality review,review uncertain legal concepts,review judicial procedures in accordance with legal steps,carry out systematic hearing procedures when necessary,and review school regulation documents by referring to the review mechanism of "normative documents".To clarify the burden of proof and the content of "information does not exist",the defendant shall bear the main burden of proof and the plaintiff shall bear the supplementary burden of proof.