The Government Information Publicity Study Some Issues Of Judicial Review

The The government information disclosure ordinance of the People's Republic of China(hereinafter referred to as the "regulations")was officially implemented on May 1,2008.The government information disclosure system plays an important role in ensuring the realization of citizens' right to know and supervising the administration of administrative organs in accordance with the law.Research on judicial review of government information disclosure is of great importance,on the one hand to the problem of judicial review of the relevant standards,analyze the problems of the burden of proof can make the government information disclosure litigation content more rich.Typed study of administrative litigation,administrative litigation related content more specification is reasonable,and in the implementation of more operable,prompting more modern administrative law development,constantly promoters developing law in China.On the other hand,it effectively promotes the supervision of judicial power on administrative power,stops the illegal administrative ACTS,guarantees the legitimate rights and interests of citizens,and further realizes the idea of democratic politics.To promote the change of government thinking mode,to promote the realization of the sunshine government,to safeguard the legitimate rights and interests of citizens,and to subtly influence the awakening of citizens' legal consciousness.Article first chapter from the government information publicity overview of judicial review to introduce the government information publicity system of judicial review of the related concept,and on the basis of the investigation of its theoretical basis,provide theory support for the later writing.And then summarizes the legislative status quo of government information publicity and the status quo of the practice,through to the "magic weapon of Peking University" in the 94 classic of the government information disclosure lawsuit study,summarizes four aspects involved in the judicial review of main legal difficulties,namely the legal definition of government information,don't have a review about the government information,to the "three to" review,review of secrets and personal privacy.The following four chapters mainly focus on the analysis of the legal difficulties in the four aspects.By combing the government information disclosure case judicial review,and combining with the relevant laws,regulations and judicial interpretation,etc.,of the four sorts of difficulties involved in the judicial review of the applicable law,thereferee,we discuss the specific standard and burden of proof and the judicial review of related questions to practice audit path.This paper writing purpose except for judicial review of the specific work of government information disclosure as a reference,security information disclosure relief channel smooth,also hope that in the ambiguity of legislation,by collating the judicial practice experience to provide us with the important path to solve the problem of related,promote the system generated in the end.