Study On The Agency Action By Project Manager Of Construction Enterprises

In order to provide more effective direction and solid theoretical support for the judicial review practice where the current government information does not exist,the academic discourse about the burden of proof and its distribution that is widely used in the academic world is avoided and expanded from the following three levels.Firstly,in the general sense,it is found that there is no frame of judicial review for government information,that is,when the administrative organ makes a decision on the non-existence of government information,it should undertake the following dual obligations based on the disclosure obligation:the search obligation and the explanation obligation.Secondly,in view of the framework structure in the judicial practice in the actual operation situation,found that the people’s court review of one sort or another deficiencies,such as the existence of the government information simply treated as a matter of fact,in a way,such as ignore the administrative organ in making government information does not exist,you should bear the obligation to explain the reasons,and so on,but is to summarize,the people’s court of judicial review of government information does not exist obvious tendency of formalization,eventually leading to the norms in the sense of framework structure in actual applied process effectiveness.Finally,the author puts the problem of judicial review that government information does not exist in the context of the overall guarantee of the administrative counterparts’ right to know--in particular,it should pay attention to the procedural protection of the right to know,and propose that the judicial review that government information does not exist should be promoted in the direction of materialization.On the one hand,for the government information there is no judicial review process itself,should be based on some form of censorship,to a certain extent why does he not exist the problem of further substantive examination,especially based on the administrative organ of the illegal reason as a result of the government information was not found,should be given administrative relative person cleansing effect,on the other hand,in a specific way of the referee,or the referee type,should be based on different situations,respectively ruling authority to reply and only confirm the administrative organ to make illegal.