The Qualification Of Plaintiff Of Our Government Information Disclosure Litigation

Since the《Regulations on the Openness of Government Information》issued by the State Council on May 1,2008,the government information disclosure has not only become an important aspect of China’s socialist democratic political construction,but also an important measure for building a government under the rule of law.From the perspective of the construction of a modern country ruled by law,the realization of the concept of people’s sovereignty and the right of citizens to participate must inevitably require the establishment of a government information disclosure system.The establishment of the government information disclosure system can not only promote citizens’ awareness of the government’s actions and participate in the process of administrative governance,but also encourage the government to effectively prevent corruption under the supervision of the people.At the same time,it should be noted that China’s government information disclosure system doesn’t have a long history,and there is still so much room for improvement.In the process of government information disclosure,how to effectively manage according to law and effectively protect the legitimate rights and interests of administrative counterparts is not only an important duty of the administrative,but also an important duty for the people’s courts to exercise judicial supervision and protect the administrative litigation rights of administrative counterparts.In terms of the research on the identification of the plaintiff qualification of the government information disclosure lawsuit in China,this paper is divided into six parts:The first part introduces the research background and the purpose of the research,introduces the research methods and innovations,introduces the research foundation and the origin of the problem;the second part is the overview of information disclosure litigation.Firstly,the paper introduces the summary of government information disclosure litigation,introduces the concept and characteristics of government information disclosure litigation;secondly,it introduces the concept of plaintiff qualification of government information disclosure litigation based on government information disclosure litigation,including plaintiff qualification,the meaning of the plaintiff and the legal significance of the plaintiff s qualifications;the third part explores the current identification of the plaintiff’s qualifications in government information disclosure,including the principles and standards of determining the plaintiffs qualifications.The principle of recognition mainly introduces the existing principles of rights protection,the rule of law and the principle of balance of interests.The fourth part analyzes the problems of the plaintiff qualification in the current government information disclosure litigation and the reasons,and analyzes the problems involved in the specific case analysis,for example the absence of administrative public interest litigation system.The fifth part of this paper discusses the standardization of the plaintiff qualification of the US government information disclosure litigation.Based on this point,it expounds that China’s laws and administrative regulations need to learn in order to improve the current system of government information disclosure litigation to identify the plaintiff qualification system.The sixth part expounds the author’s ideas on perfecting the qualification of the plaintiff in the government information disclosure lawsuit,and proposes to improve the administrative information disclosure lawsuit in China from the aspects of clarifying the legal concept,expanding the qualification of the plaintiff and introducing the government information public interest litigation system.Thoughts and suggestions on the legal norms of plaintiff qualifications.