The Study Of Information Disclosure Litigation For Public Utilities

The decentralization of government prompts public utilities to undertake more and more public service functions.Information disclosure of public utilities is conducive to improving the inequality of information between public utilities.The perfect information disclosure litigation system of public utilities plays an important role in ensuring the information disclosure of public utilities,which is also greatly significant to the realization of citizens’ right to know,to participate and to supervise.However,at present,the information disclosure litigation of Chinese public utilities is not clear in scope of the defendant.Laws,regulations and rules have no specific provisions on the information disclosure litigation of public utilities,resulting in that the application of law is not uniform in judicial practice.This paper will be based on the particularity of public utilities and their information disclosure,with reference to the Regulations on the Disclosure of Government Information and the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Government Information,by analyzing the existing judicial practice cases.The public utilities of information disclosure litigation parties,subject to the scope of the burden of proof to study,trying to build a viable public utilities of information disclosure litigation system.The main body of the text is mainly composed of four parts,of which the second and fourth part of the focus of this paper,the main contents of the various parts are as follows:The first part is the public utilities information disclosure litigation.Through the analysis of public utilities of information disclosure litigation concept,characteristics and basis for the establishment of public utilities to provide information to support the litigation.The second part is the public utilities information disclosure litigation party qualification.This part of the original one by one,how to determine the qualifications of the defendant to explore,and learn from foreign legislation on the defendant qualification standards for research.The third part is the public utilities information disclosure litigation the scope of the definition.Mainly to study how to define should be included in the scope of the case and should not be included in the scope of the public utilities of information disclosure behavior.The fourth part is the distribution of the burden of proof in the public affairs of public utilities.This part of the existing legislative provisions,in-depth analysis of the relevant judicial documents in recent years,the original defendant in different circumstances the burden of proof were identified.