| In the litigation of government information disclosure,the burden of proof for the negative fact that "government information does not exist" is related to which party may bear the adverse consequences.At present,Chinese laws and regulations do not clearly stipulate the burden of proof of "government information does not exist",therefore,it still exists the defect in legislation,which causes the negative impact.Through in-depth analysis of the theoretical basis and institutional support of the non-existence of government information,according to the current legislation and practical cases,on the problems faced in practice,on the government information does not exist the burden of proof proposed their own thinking.This paper starts with the connotation explanation of the non-existence of government information,through the analysis of the meaning of the non-existence of government information,and clearly takes the "normative theory" as the basic rule to determine the distribution of the burden of proof of the non-existence of government information.Through the analysis of the problem of government information does not exist the burden of proof mainly shows that the object of the government information does not exist the burden of proof is uncertain,the content of the reply of the administrative organ is unclear,the burden of proof distribution standard is inconsistent,and the reasons exist objective and subjective two aspects,and then put forward to strengthen the staff’s consciousness of performing their duties according to law;To improve the system rules that government information does not have the burden of proof,specifically to clarify the object of the burden of proof,standardize the content of the reply,determine the distribution standard;The boundary of government information without the burden of proof is determined and the path is perfected in order to deepen the construction of service-oriented government and guarantee the applicant’s right to know. |
PDF Full Text Request