Research On The Judicial Identification Standards Of The Interests Of Action In Government Information Disclosure Litigation

The government information disclosure system has played an important role in protecting citizens’ right to know and building a transparent government.However,a small number of citizens have frequently filed government information disclosure applications and lawsuits.In the face of this situation,the court ruled to reject the plaintiff’s action or claim on the grounds of not having the interest of action,lacking the necessity of right protection,abusing the right of action and so on,which has caused controversy in both theoretical and practical circles.Therefore,it is particularly necessary to explore the interests of action.This article explores the interests of action with two elements,namely,the qualification of the plaintiff and the necessity of rights protection,and analyzes the interests of action in government information disclosure litigation through the current norms and judicial practice.At the level of current norms,firstly,the Administrative Litigation Law,the Regulations on Disclosure of Government Information and judicial interpretations take a more relaxed attitude towards the qualifications of plaintiffs in government information disclosure litigation.Generally speaking,as long as the applicant files an application to the administrative organ for the disclosure of government information,it will have a skate in the administrative act of government information disclosure and have the plaintiff qualification in the litigation of government information disclosure;Secondly,the current norms not only protect the public’s right to know,but also consider the judicial and administrative efficiency.At the level of judicial practice,firstly,there are some misunderstandings about the relationship between the plaintiff and the disputed information and the substantive review of the case at the filing stage currently.Some issues have not been corrected after the implementation of the new Regulations on Disclosure of Government Information;Secondly,in terms of determining the necessity of rights protection,judicial practice has three important standards: efficiency,usefulness,and legitimacy,however,the current judgments have problems of confusion of legal concepts and different judgments in the same case.In order to effectively protect the citizens’ right to know,while taking into account administrative and judicial efficiency,to achieve judicial unity.From the perspective of perfecting legislation and judicial interpretation,clarify the qualification standards for plaintiffs in government information disclosure litigation.At the same time,clarify the nature of the necessity of rights protection,and further clarify the judicial determination standards and the determination factors,review steps and other related content of the necessity to protect the rights of government information disclosure litigation,so as to construct a complete set of judicial determination standards.