Plaintiffs In Government Information Voluntary Disclosure Lawsuits Are Eligible To Explore

The nature of active open litigation itself makes it break through the subjective litigation structure of administrative litigation in China and has obvious objective litigation nature,but this does not mean that anyone can file an information open lawsuit and the plaintiff is qualified because the right to know has not been fully protected.New changes of the government information disclosure ordinance removed the limit "three needs" in corresponds to the concept of the public's right to know,at the same time also makes the criteria to judge the plaintiff eligibility,breaking the previous qualifications for applicants and the plaintiff qualification in logically self-consistency,and the qualification of the applicant is not the same as failure to infinitely expand the plaintiff eligibility,The former belongs to the field of administrative law and the latter to the field of administrative procedural law.Therefore,due to the inherent particularity of active information disclosure litigation and the instability of the plaintiff's eligibility criteria in judicial practice,it is difficult for the rights and interests of the person with the right to access information to be guaranteed without loopholes.This paper attempts to litigant advantage as an important measure to determine the plaintiff eligibility for utility maximization,the plaintiff qualification of judicial control value and active information public litigation plaintiff qualified within a reasonable range,of which the applicant based only on public interest lawsuit ruled out the plaintiff main body qualifications,when the applicant is based on private right bring active information public prosecution,The claimant's right to know is embedded in the public's right to know.At this time,the plaintiffs eligibility is not certain,but the plaintiff's eligibility can be considered when it has legitimate interests worth protecting in law.At the present stage when the threshold of information acquirer's application and the threshold of prosecution are reduced,this paper analyzes the plaintiff s fitness of the lawsuit based on the interest model of the lawsuit,uses the method of positivism,reflects on the dilemma of the plaintiffs fitness,and recognizes the logical defects existing in the court's judgment of the plaintiff's fitness in the active information litigation.The "theory of interest",which is the standard of plaintiffs fitness in general administrative litigation,ignores the duality of active information litigation,which results in the tendency of limitation of plaintiff's fitness in active information litigation.Therefore,it is necessary to make use of the interests of the lawsuit to clearly explore the main dispute focus of the active information disclosure litigation and to adapt the remedy to the case,to differentiate the common situations in practice from the internal litigation,and to make a specific analysis of the plaintiff's qualifications based on the review of the judicial judgment of the court.Under this paper from theory and practice of combining typed analysis to determine access to information people ought to route of the plaintiff eligibility to prosecutors the right remedy really implement at the same time also can balance the function of the active information litigation structure,in the general payment lawsuit seeking a reasonable judgment logic,can fully guarantee citizens' right to know,It will not develop into administrative public interest litigation.While protecting the public interest,it will optimize the allocation of judicial resources and find a balance point in the process of right relief and judicial power supervision and administration,which is more conducive to the construction of a service-oriented rule of law society.