Government Information Disclosure: Interest Structure, Litigation Settlement and Litigation Source Management

Government information disclosure has the multiple functions of guaranteeing the right to know, improving the transparency of government work, building a law-based government, and serving the people in their work, daily life, and economic and social activities. Empirical analysis shows that applications for government information disclosure are mainly submitted by citizens out of the need to safeguard their personal and property interests, and administrative disputes over government information disclosure mainly result from the applicants’ refusal to accept the replies given by government organs to their applications for government information disclosure or the failure by government organs to meet the applicants’ need to uphold their interests. Government information disclosure litigation should be based on the function of the administrative litigation system and related disputes should be dealt with for the purpose of protecting the right of citizens, legal persons and other organizations to uphold their legitimate rights and interests through government information disclosure applications. In carrying out a typified review on the basis of categorization of applications for government information disclosure, attention should be paid to finding out whether the applications are based on the applicants’ own legitimate rights and interests and giving full play to judicial goodwill and judicial initiative in the proper resolution of disputes. n dealing with litigations resulting from information disclosure upon application, administrative organs should be problem-oriented, implement the ideas and institutions of the revised Regulations, improve supporting mechanisms, and realize the management of litigations at their sources.