Research On The Administrative Litigation Of The Right To Know

As the basic right of the Citizen in Democratic Society, we can realize the administrativeright to know effectively or not, will affect the guarantee or realization of many other citizens’rights. Therefore, most countries provide many remedy ways in order to protect the administrativeright to know. In our China, according to the second paragraph of article33of The Regulation ofGovernment Information Disclosure, citizens, legal persons or other organizations can useadministrative litigation to remedy their damaged rights. Owing to the huge number of practice ofthe government information disclosure litigation, social public pay more and more attention tothis special administrative litigation, but they always focus their attention to the imperfection ofthis litigation. Actually, our country’s government information disclosure litigation is still in theinitial stage, its own special system which is different from the traditional administrative litigationhas not been established yet. We can only use the traditional administrative litigation to remedyour right to know. But the traditional litigation cannot solve the problem which we meet in thegovernment information disclosure litigation, and it should be adjusted and perfected to adapt tothe need of the protection of the administrative right to know. The Supreme People’s Court hasissued implemented a judicial interpretation on the government information disclosure cases. Thisjudicial interpretation shows the great progress in the process of the perfection of administrativelitigation. But defects still exist; some problem has not been solved. Based on the analysis, we findand think about the defects and problem in the existing litigation system, it is also important tomake a series of comprehensive proposal on how to improve our government informationdisclosure litigation.The thesis is divided into three chapters, the main contents are as follows:The first chapter discusses the basic theory of the administrative right to know. At first, weanalyze the definition of this right, and make a distinction between this right and other similarconcept. Then, we summarize the characters of the administrative right to know.The second chapter deals with the status and problems of the government informationdisclosure litigation. At first, we analyze some basic system of the litigation. Then, we discoversome defects by analyzing the basic theories and practice experience.The third chapter gives some suggestions on improving the government informationdisclosure litigation. Those suggestions relates to the defects which we analyze in the secondchapter: the conflict in application of norms, imperfection of the particular procedure, and thenarrow application of administrative compensation.