Research On Administrative Litigation Of Government Information Disclosure

Administrative litigation for government information disclosure as a special type of administrative litigation-it is based on the derivative development of government information disclosure system.Subjects applying for information disclosure can use administrative litigation to obtain information that they have not obtained during the government information disclosure application process.Citizens,legal persons and other subjects exercise their right to information through such a legal weapon as administrative litigation for government information disclosure,based on the premise that the Constitution guarantees their basic rights.Administrative litigation on government information disclosure helps to implement the basic rights of citizens as stipulated in the Constitution,and is conducive to supervising administrative agencies to make reasonable administrative acts in accordance with the law,achieving the goal of further building a service-oriented government and enhancing the value of clean government construction.With the gradual strengthening of citizens’ legal awareness in China,citizens have generally reached the social consensus of using legal weapons to protect their legitimate rights and interests,and the problem of "people suing officials",which has been plaguing ordinary citizens,has been further optimized with the gradual improvement of administrative litigation on government information disclosure.In 2019,China amended the ‘Regulations of the People’s Republic of China on Government Information Disclosure’,the biggest highlight of which is the "abolition of the plaintiff’s qualifications subject to the ’three needs’ restriction,which is conducive to expanding the scope of the plaintiff’s qualifications,facilitating the public to apply for access to relevant government information in accordance with the law,which is conducive to the legal guarantee of citizens’ access to information requests.Legal guarantee of the right of citizens to obtain information requests,more reflect the general trend of building a sunny and transparent rule of law government.However,there is also a range of plaintiff qualifications are limited,the emerging administrative abuse in practice is not the remedy of the law,the application of the exception information is flawed and the allocation of the burden of proof is unclear.This paper analyzes the status quo of the government information disclosure lawsuit,analyzes its problems,and then proposes corresponding measures to improve the legal level.It consists of five parts: the first part is the general introduction.The first part is the general introduction,which mainly includes the background of the topic,the purpose and significance of the article,and the current research status of the administrative litigation of government information disclosure at home and abroad;the second part is the basic overview of the administrative litigation of government information disclosure.The third part of the article describes the concept of government information disclosure and government information disclosure litigation as well as the characteristics and values of government information disclosure administrative litigation;the third part of the article proposes the problems of restricted scope of plaintiff,abusive litigation,defective application of exception information and unclear allocation of burden of proof in government information disclosure administrative litigation by sorting out the current legal provisions and combining them with the practical situation.In the fourth part,the United States and Japan,the representatives of the common law system and the civil law system,are selected as the representatives of advanced countries;their experiences in government information disclosure litigation are outlined,and their advanced experiences are drawn upon for the inspiration of China’s legal improvement.The last part explores countermeasures.The final part of the paper proposes suggestions for improving government information disclosure litigation,so that government information disclosure litigation can play its proper role in practice and citizens’ right to know can be more completely protected.