Study On The Acceptance Of Cases In The Opening Of Government Information

"Determining the appropriate scope of case acceptance" occupies an important position in administrative litigation,as does the determination of the scope of case acceptance in government information disclosure cases.The revision of "Regulations of the People's Republic of China on Disclosure of Government Information" in 2019 has reshaped the information disclosure system and has an important impact on information disclosure litigation.It is urgent for the judge to adjust the concepts and methods of accepting and judging such cases.According to the regulations,for the applicant's application for information disclosure,the administrative agency can only choose one of the statutory decision types,and in principle can no longer create decisions at will.The typification of decisions leads to the typification of court cases,which has an important impact on the court's acceptance of such cases.Therefore,this article discusses the problems and solutions of the scope of the acceptance of information disclosure cases from the perspective of decision type.In the introduction,this article introduces the background and significance of the topic,summarizes the materials studied by the author,and summarizes the research methods,ideas and innovations.In addition to the introduction and conclusion,the article is divided into five parts to discuss:The first part discusses the connotation of the scope of information disclosure cases from the perspective of decision typification.By defining the concept of decision type and the scope of government information disclosure cases,the relationship between the two is clarified.Therefore,it is found that the decision type is essentially the type of administrative action,and the scope of the case is divided based on the type of administrative action.Therefore,the type of decision will inevitably lead to the need to redefine the scope of the case.The second part is to sort out the problems in the scope of the acceptanceof information disclosure cases from the perspective of decision type.It can be concluded that from the perspective of decision typification,the scope of government information disclosure cases has problems such as the strengthening of decision types and the blurring trend of the scope of the case,the type of scope of the case being out of place,and the lack of functions.The third part analyzes the reasons for determining the scope of case acceptance from the perspective of system,theory and practice.Clarify that the reshaping of the information disclosure system environment is the direct cause of the scope of the case,the delayed development of the scope of the case system and theory is the root cause of the scope of the case,and the accumulation of practical problems is the indirect cause of the scope of the case.The fourth part analyzes and draws on the extraterritorial experience of the scope of government information disclosure cases from the perspective of decision typification.Through the research on the information disclosure systems of Japan,Serbia and the United Kingdom,we have obtained general and specific experience for reference in various countries.The fifth part discusses the resolution of the scope of case acceptance from the perspective of categorization.The first is to explore the dislocation of the trend of strengthening the type of decision-making by pre-solving administrative appeals and blurring the scope of the case.The second is to define the scope of the case based on the type of decision to solve the misalignment of the scope of the case.The third is to adjust the scope of the case to play a mechanism to solve the lack of scope of the case.In summary,the scope of acceptance of information disclosure cases from the perspective of decision categorization has created a series of problems,and it is urgent to adjust the acceptance mechanism of such cases.This article uses this as an entry point to study and explore the redefinition of the scope of case acceptance,in order to provide some ideas for adjusting the concept of case acceptance and updating the system of case acceptance.