Study On The Related Legal Issues That The Government Information Does Not Exist

With the construction and advancement of the open government information system,citizens’ awareness of the rule of law is gradually increasing,and they are paying more and more attention to their right to know,but the statutory response of "government information does not exist" originally allowed administrative organs to better serve the public and avoid the burden of a large influx of information disclosure applications,but it has become a "legitimate reason" for administrative organs to avoid the obligation to respond to information disclosure.A large number of "government information does not exist" information disclosure cases have entered the courts,but the courts are overwhelmed by problems such as vague legislation and difficulties in investigating and collecting evidence.By defining the actual meaning of the non-existence of government information and distinguishing between the non-existence of government information and related concepts that are easily confused,it can make up for judicial disputes caused by unclear provisions on the non-existence of government information in the law,improve the efficiency of judicial case handling,and protect citizens’ right to know.The concept of "non-existent government information" should be clarified,which is a prerequisite for solving follow-up problems.Second,the object of proof in the case of "non-existence of government information" should be clarified,and on this basis,the plaintiff’s weak position should be fully considered and the burden of proof should be reasonably distributed between the two parties.At present,the judicial review of cases such as "government information does not exist" is too formal,cannot touch the essence of the problem,and is superficial,and on the basis of procedural review,administrative organs should be required to strengthen the authenticity and persuasiveness of reasoning in order to facilitate the resolution of disputes,and at the same time pay attention to the reasoning process of administrative organs in replying.Finally,disputes in information disclosure cases cannot be fundamentally resolved by the courts alone,and the government is also required to strengthen the construction of the information disclosure system and improve relevant laws and regulations from the legislative level.