Research On Government Information Disclosure Litigation

With the society development,the effect of the information is more and more important to the public,it determines the future of the public in a large part.The administrative organs make the government information they have freedom so that people can achieve personal development and have a transparent government.The Consummation of Chinese Government Information Publicity System cannot be separated from the efforts of administrative organs.Judicial supervision and remedies also important to the protection of public rights.However,Lawsuit of freedom of administrative information is a new kind of administrative lawsuit which is in a short period of development and a large number of cases,lots of problems come along with them.Although the existing research has achieved theoretical and practical results in many aspects,there is still much room for us to further explore.This paper starts with the general theory of Chinese Government Information Publicity System,gives a definition of the government information and the opening of governmental information.On the basis of the previous research,I analysis the litigability of the acts of government information to the public and summarizes the characteristics of government information disclosure litigation which is different from general administrative litigation.In the next part,I introduce the current situation of government information disclosure litigation from the legislative and judicial perspectives.In legislation,the relevant legislation of government information in China is not perfect yet which presents a thick line state and has not been reflected the uniqueness of government information.In judiciary,this paper makes an analysis from four aspects:the cause of prosecution,litigants,the reply of administrative organs and the result of the court's judgment combining with the case study in this paper,and on this basis,summarizes the characteristics of the current development of government information disclosure litigation and analyses the problems existing in the cases.The problems are mainly concentrated in three aspects:in the way of examination,the court's examination of the non-disclosure of information is not comprehensive;in the distribution of evidential burden,the distribution of information does not exist is unreasonable;In dealing with indiscriminate prosecution,existing referees have unappropriated coping style.The existence of problems is caused by many factors.The development of information disclosure litigation can be restricted by the current situation of ideas,systems and judicial procedures.In the aspect of perfecting the lawsuit of government information disclosure,the perfection of legislation is of course necessary.At the same time,considering the lag of legislation,practical and concrete measures of perfection are the most important at present I hope to help the judicial organs protect the rights and interests of litigants in a wider range in information disclosure litigation,and promote the development of information disclosure system.