Analysis Of The Government Information Disclosure Litigation

The government information disclosure, can play a good role to promote citizens to know government information, in order to further protect the citizens’ right to know. However, no remedy equal no right, the initial formation of the government information disclosure litigation system with two relevant legislation that issued by the State Council and the Supreme Court. The two legislation made some provisions on information disclosure litigation, but as a new type of administrative litigation system, government information disclosure is still in its initial stage. In judicial practice, the applicant’s information disclosure often unaddressed, so that the citizens’ right to know is still very difficult to achieve, let alone achieving the sun-oriented government. In order to fully realizing the citizens’ right to information and achieving the sun-oriented government, improving the information disclosure system of our government action is imperative.As a kind of administrative litigation, the government information disclosure litigation has its own particularity, which is based on the characteristics of administrative litigation. Therefore, based on the analysis of a large number of documents, this paper analyzed the problems and solutions in China’s judicial practice, and adopted the methods of induction, comparative analysis and so on.This paper is divided into four parts. Firstly, it introduced the meaning of government information disclosure litigation system from the theory of government information disclosure, and analyzed its characteristics and theories on the basis of clarifying the government information disclosure litigation system. Secondly, it described the status of government information disclosure litigation, concluding the scope of the case, the parties recognized, the proof and trial methods and explored its causes. Thirdly, it drew lessons from the United States, Britain and Japan, as a representative of foreign information disclosure litigation system, and the main characteristics include independent third-party relief agencies, a flexible trial mode and the broad plaintiff qualification. Finally, on the basis of above sections, this paper made recommendations on improving the information disclosure litigation system of our government.