Advertisement

Yuan X v. the People’s Government of Jiangsu Province (Government Information Disclosure)—Determination of the Necessity to Protect Rights in Administrative Lawsuit Concerning Government Information Disclosure

  • Baojian GengEmail author
  • Qin Yin
Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

An application for the disclosure of government information shall be submitted to the government information disclosure institution attached to an administrative organ in a prescribed form. If the applicant sends a letter to the legal representative of the administrative organ and the content of the letter is not in conformity with the prescribed form, and if an administrative organ fails to reply or treats it as a complaint via letters and visits, and so the applicant files a lawsuit on the grounds that the administrative organ fails to perform its duty of disclosing government information, the people’s court shall rule against filing the case or dismiss the case directly. Whereas if the content of the letter is basically in conformity with the prescribed form, the date which the information disclosure institution receives the forwarded application in reality or the date has been ascertained by the applicant shall be regarded as the “date of receipt of the application”, and in accordance with which the relevant reply term shall be calculated.

References

  1. 1.
    [Germany] Philip Heck, Law of Interests, trans. by Fu Guangyu, Beijing, Commercial Press, 2016, p. 43.Google Scholar
  2. 2.
    Wang Jingbo, “Balance of Public Interest in Government Information Disclosure”, Chinese Social Sciences, 9, 2014.Google Scholar
  3. 3.
    Zhu Qingyu, General Theory of Civil Law, Beijing, Peking University Press, 2016, p. 205.Google Scholar
  4. 4.
    Wu Geng, Theory and Practice of Administrative Law, Beijing, China Renmin University Press, 2005, p. 118.Google Scholar
  5. 5.
    [Japan] Ichihashi Katsuya et al., Current Administrative Law of Japan, trans. by Tian Lin et al., Beijing, Law Press, 2017, p. 69.Google Scholar
  6. 6.
    Wang Xixin, “The Logic and Development of Abuse of Right to Know”, Law Research, 6, 2017.Google Scholar
  7. 7.
    Hou Xiangdong, “On Some Major Issues in the Reform of China’s Government Information Disclosure System”, Administrative Law Research, 5, 2017.Google Scholar
  8. 8.
    Li Guangyu, Geng Baojian and Zhou Mi, “Current Situation and Counter-measures of Abnormal Application Cases for Government Information Disclosure”, People’s Judicature, 15, 2015.Google Scholar
  9. 9.
    Zhang Weiping, “Interests of Litigation: Connotation, Function and System Design”, Law Review, 4, 2017.Google Scholar
  10. 10.
    Wang Guisong, “On the necessity of Protecting Rights in Administrative Litigation”, Law and Social Development, 1, 2018.Google Scholar
  11. 11.
    [Germany] Friedhelm Hufen, Administrative Procedure Law, trans. by Mo Guanghua, Beijing, Law Press, 2003, pp. 387–390.Google Scholar
  12. 12.
    Shen Kui, “Judicial Response to Application for Information Disclosure and Abuse of Litigation: A Review of Lu Hongxia v. Nantong Municipal Development and Reform Commission”, Law and Social Development, 5, 2016.Google Scholar

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

Personalised recommendations