Research On The Qualification Of Plaintiffs In Public Interest Litigation In Information Disclosure

With the progress of the times and development of legal theory,the contradictions between the executive participants are constantly changing. The role of the executive authorities has changed, from the past "managers" into a " servant" and restricting public power to protect civil rights has also become the consensus of the purpose of administrative legislation. Administrative power is embedded in all areas of social life, and the mission of restricting public power remains a long way to go. No relief, no right. The relief system for the damage to civil rights caused by the expansion of administrative power is ready to come out. In the era of such a big bang of information,the protection of the right to know is particularly important. In our country, the "Regulations of the People's Republic of China on Information Disclosure" is the most direct protection of citizens'right to know, however, the actual implementation is not optimistic.Especially in the field of active disclosure, there are some illegal issues that the administrative organs don' t open or open blurry information, and these government information that should be opened initiatively is often involved in the public interest of all citizens.Therefore, it is urgent to establish an administrative public interest litigation system in the information disclosure to provide citizens with adequate and effective relief. Among them, the administrative public interest litigation plaintiff qualification problem has become a top priority.This paper mainly studies and analyzes public interest litigation plaintiff qualification of the information disclosure from five parts.The first part mainly introduces the theoretical basis of information disclosure. There is a brief overview of the plaintiff qualification of administrative public interest litigation and the concept of administrative public interest litigation, and discusses the feasibility and necessity of introducing administrative public interest litigation in information disclosure. The second part discusses the understanding of the subject qualification of administrative public interest litigation in information disclosure through the definition of three patterns of administrative public interest litigation plaintiff on theory. And the third part analyzes the current situation of public interest litigation legislation, law enforcement and judicial affairs in China' s information disclosure by means of empirical analysis, and to find an indirect basis for the information disclosure public interest litigation plaintiff qualification from the legislation; having found enforcement defects of active disclosure of information and requirements of expanding the administrative public interest litigation plaintiff qualification from the practical research of the 20 township government initiative information disclosure ; the results of the 2129 questionnaires approved public expiration of information disclosure public interest litigation plaintiff qualification, and obtained judicial practice needs to expand public interest litigation plaintiff qualification in the information disclosure from the analysis of 30 cases. The fourth part is about seeking extraterritorial experience and exploring the common law system and the Anglo-American law system on the single system and the pluralism, as well as what our country can learn from them. And finally, the fifth part starting from the reality of our country, discusses the construction of the plaintiff qualification of public interest litigation in information disclosure.China should proceed from the reality, and learn from the experience of foreign countries combined with China's national conditions and local resources, so as to establish and improve the plaintiff qualification system of administrative public interest litigation about information disclosure. China is a superpower with large population, so the demand of administrative public interest litigation for information disclosure is also very large. Coupled with the increasingly popular "soft law of governance" concept, the appearance of a large number of social groups and pilot implementation about procuratorial organs as a public interest litigation plaintiff,to take a pluralistic plaintiff system of administrative public interest litigation for information disclosure, and expand the plaintiff qualification is imperative.