Research On The System Of China's Information Disclosure Lawsuit

The Government Information Disclosure is a basic requirement of modern democracy. It is also an important part of a government by law. Compared with the traditional administrative litigation, it has its own particularity. These particularities determine such proceedings in specific judicial practice can not apply the "Administrative Procedure Law," under the relevant existing litigation system, resulting in actual practice, many cases have not been placed on file accept the people's court, resulting in relatively the legitimate administrative judicial protection of rights and interests are not given, leading to the " The regulation of Government Information Disclosure " face with an embarassing situation. In order to expedite an effective solution to this situation and give an effective protection of citizens' right to seek judicial relief. This thesis analizes China's status on the basis of its particularity and China's reality. Learning from foreign experience, it mades a series of comprehensive proposal on how to improve our government system of information disclosure lawsuit.The thesis is divided into three chapters, the main contents are as follows:The first chapter deals with the basic theory of government information public. It focus on the definition of open government information, its origins and its development in China. And its classification, theoretical basis and functions are briefly introduced.The second chapter deals with the status and particularity of government information. My first chapter examines the status of government information public proceedings. The particularity of government information disclosure results in the difficulty of the public proceedings. The particularity enables such proceedings involving many of the problems in our existing litigation system can not be effectively addressed. On this basis, my thesis focuses on the particularity of the public proceedings of government information.The third chapter gives a series of suggestions on improving the Government Information Disclosure Lawsuit system. It primarily relates to the scope of government information disclosure and thinks "the Administrative Procedure Law" should be amended. a clear disclosure of government action (including pursuant to apply for a public initiative to open proceedings and lawsuit) into the scope of administrative proceedings by the case; relating to government information disclosure party to the proceedings that the subject finds that the plaintiff is not a single but should be open depending on the type of act of government information were made to determine the plaintiff of the main conditions of eligibility that are closely related with the interests of the masses of public enterprises and institutions can also become a government information disclosure lawsuit defendants; relating to government information disclosure proceedings the burden of proof that the burden of proof should be borne mainly by the defendant, but plaintiffs still bear the initial burden of proof to apply the burden of proof, the damage to prove liability and the burden of proof, etc. to correct the burden of proof; relating to government information trial organization of public proceedings is considered to be as involved in the case of government information involving state secrets classified material grades and their bearing on national interests, social public interests, the importance of the special courts set up by the President as the presiding judge, the trial judge members of the Committee held a special panel to specifically responsible for a special hearing of the proceedings involving cases of secret government information; relating to government information disclosure mode of trial proceedings that the model should refer to the United States to establish "non-public examination" means a special case of the trial; relating to government information disclosure decisions, and feel that should be Administrative Litigation in China outside of the existing sentence means to increase the two kinds of government information specific to the open proceedings ruling means that "payment of judgments" and "reply judgments"; relating to government information on litigation and administrative reconsideration to open the interface that should draw the United States, Australia, Britain, the experience of most countries, set up procedures for administrative review of the front. Relating to government information disclosure litigation and state compensation that should be revised "State Compensation Law," a clear right to know will be based on losses caused by the administration of infringing acts into the national scope of compensation and to learn from China's Guangzhou City, the nature of the information directly to the government to decide whether to activate the mechanism for state compensation practices.