Research On Accreditation Of Plaintiff In Government Information Disclosure Litigation In China

In 2019,China revised the Regulations of the People’s Republic of China on the Disclosure of Government Information(hereinafter referred to as the Regulations on the Disclosure of Government Information),which is conducive to enhancing the transparency of the information disclosure work of administrative organs and is of great significance in upholding citizens’ right to know.The constitutional basis of information disclosure is the principle of people’s sovereignty,which guarantees citizens’ right to request information legally.However,in reality,due to the conflict between state secrets and trade secrets and personal privacy,the protection of the right to know is limited.As a new type of administrative litigation,government information disclosure litigation provides judicial way for citizens,legal persons and other organizations to remedy the right to know.However,the current administrative litigation system in China can not fully adapt to this new type of litigation,especially in the government information disclosure litigation plaintiff qualification problem there are many defects,hindering the realization of citizens’ right to know.How to properly resolve disputes between administrative organs and citizens and ensure the exercise of citizens’ right of action has become the focus that can not be ignored at present.This paper analyzes the present situation of the plaintiff qualification of information disclosure,combs out the existing problems,and puts forward the corresponding solutions in order to improve.Specifically,it is divided into five parts:the first part is introduced.It mainly includes the background and significance of the article,and the current research situation on the qualification of the plaintiff in the government information disclosure lawsuit;the second part is an overview of the article.On the basis of clarifying the related concepts of government information disclosure litigation,this paper analyzes whether the plaintiff’s qualification is supported by theory,and further expounds its necessity and proves it;the third part is the process of problem analysis.The current legal provisions and judicial practice of the status of induction and integration,put forward the information disclosure litigation plaintiff qualification dilemma mainly by the plaintiff qualification constraints,information disclosure public interest litigation system is not perfect and other factors;the fourth part involves the elaboration of advanced experience abroad.Adhering to the attitude of "the stone of other mountains can attack jade ",this paper analyzes the regulations of the United States and Japan on the qualification of the plaintiff in the information disclosure lawsuit,and discusses and draws lessons from it;the last part explores the solutions.In order to improve the whole system of government information disclosure litigation,the citizen’s right to know is better guaranteed.