Study On Disclosure Administrative Litigation Of Government Information

The disclosure administrative litigation of government information is of great importance for constructing transparent government, and preventing power corruption and safeguarding citizens’ right to know. As a new type of administrative proceedings, it is quite different from those traditional ones in case acceptance, rule of evidence, case trial and judicial determination and so on. However, the current related system in china is still in its infancy, and relevant laws and regulations are not enough which makes it difficult to play its due role of forcing the disclosure of government information as it should be. Therefore, relevant theories were discussed at the very beginning, then the basis theories and current situation in china are presented and analyzed. Moreover, judicial practices are discussed in combination with some typical cases, as a result of which, some suggestions are put forward from the microscopic point of view. Specifically, the paper is divided into the following sections:In the first part, the first chapter of the paper, a detailed discussion is given to the general principles of the administrative procedure of government information disclosure. In the first place, the meaning of government information is clarified, then the scope and manner of that are included, and the significance as well. Secondly, it probes into the justifiability of government information disclosure action, and explores its basis functions for protecting citizens’ rights to know and advancing the modernization of administrative procedure system. In the end, as an administrative remedy, allocations of these two patterns are discussed along with the administrative reconsideration.In the second part, from the second chapter to the fifth chapter of the paper, three important problems are discussed from the microscopic aspect, namely, the scope of case, the parties and the burden of proof in its hearing process, while the judicial determination is studied as well. Concretely speaking, it talks about the reasons for limited scope of case acceptance, then, conducted in-depth research on difficulties and corresponding improvement measures in expanding the scope. In the second place, the problems in both parties’ accreditation in national legal system are revealed, on the basis of which, some recommendations are proposed to expand the scope of plaintiff and to solve difficulties in defendant accreditation. Moreover, it discusses the specific rules in distributing the burden of proof for both parties, which are optimized respectively afterwards. Finally, a detailed discussion is given to exception information authentication methods due to current situation in shortage of authentication in exception information in China. Again, more specific methods are mentioned from the micro-level.