Research On Administrative Litigation Of Government Information Publicity

On April 15,2019,China officially announced the latest revision of the Regulations of the People’s Republic of China on the Disclosure of Government Information,which clearly stipulates that the Regulations will come into force on May15,2019.This is the first revision of the Regulations on the Disclosure of Government Information since the implementation of the Regulations for more than 10 years.Repository contains the local people’s governments of the region’s most valuable information,government information disclosure behavior is not only the social public’s understanding of the implementation of the administrative behavior of important way,is also effective channels for the public to supervise the government,but the social rights of the government information disclosure right has been violated two relief only reconsideration and lawsuit.This paper takes the Supreme Court case of Wang Huaike v.Fengtai District Government Information Disclosure as an example to discuss the difficulties in the practice of revising the administrative litigation system directly centered on the disclosure of government information.The regulations on the disclosure of government information have made innovative provisions on the administrative litigation of government information,made significant modifications on both theory and procedure,and also had an impact on the provisions of specific issues.In the process of accepting a case,it has an influence on the determination of the scope of accepting a case and the determination of the qualifications of the original defendant party.In the process of hearing cases,it has an impact on the focus of the court’s examination,the refinement of the distribution of the burden of proof,the way of adjudication and the application of procedures.And for the court to judge the government information open administrative litigation cases,the focus of the review and straighten out the thinking of judgment is the most important.Therefore,this paper will put forward reasonable suggestions to improve the existing problems from the following five aspects,combining with the current social background:clarify the scope of accepting cases,expand the qualifications of the parties,clarify the focus of the court trial,refine the distribution of the burden of proof and improve the applicable procedures.At the legislative level of our country,the simple and less controversial government information disclosure cases should be tried by summary procedure,which can not only protect the legitimate rights and interests of both parties,but also ensure that the administrative organs can timely and effectively perform the legal administrative acts.However,many problems have also emerged in judicial practice.In practice,the administrative litigation cases of government information disclosure can reflect the implementation of the relevant system of government information disclosure most directly.When the obligee or the third party obligee thinks that his or her legal rights are infringed by the government’s open or non-open administrative act,he or she seeks relief through administrative litigation or administrative reconsideration.Because the court of this action will conduct judicial review on the applied administrative organ,so there are many cases of government information disclosure.Based on the representative and prominent problems in judicial practice and the experience of trial practice,this paper extracts,sorts out and summarizes the thinking and key points of judgment in the trial of government information disclosure cases.The Regulations on the Disclosure of Information of the New Government,revised on a large scale in 2019,has aroused hot discussions in the theoretical circle.It is the "third revolution" in China’s administrative legal circle after the major revisions of the Administrative Procedure Law and the Administrative Licensing Law,and is of great significance to the process of China’s rule of law.This paper takes the Supreme Court case of Wang Huaike v.Fengtai District Government Information Disclosure as an example.Under the background of the new regulations,the paper analyzes and discusses the problems existing in the acceptance and hearing rules of administrative litigation of government information disclosure.