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.
The collegiate panel judges of the Supreme People’s Court for retrial: Geng Baojian, Bai Yali and WangJun (Written by: Geng Baojian and Yin Qin, Supreme People’s Court; Translated by: Li Jinyan).
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Notes
- 1.
Philip [1].
- 2.
Hereto, Zhang Qiong, the deputy director of the Legislative Affairs Office of the State Council by then, answered questions at press conference and pointed out that, “The full implementation of the regulations is conducive to ensuring citizens, legal persons or other organizations to obtain government information and realizing the people’s right to know, participate in and supervise governmental work.” See Cao Kangtai, editor-in-chief, Regulation of the People’s Republic of China on the Disclosure of Government Information, Beijing, People’s Publishing House, 2007, p. 12. The Outline of the State Council on Comprehensively Promoting Administration by Law (No. 10 G.F. [2004]) also stipulates that “the implementation of administrative practice, administrative organs shall disclose and listen to the opinions of citizens, legal persons and other organizations information other than those involving state secrets, trade secrets and personal privacy protected by law. Administrative organs shall strictly follow statutory procedures and protect administrative counterparts and interested parties’ right to know, and the right of participation and relief in accordance with the law.”
- 3.
Wang [2].
- 4.
For example, Article 21, Paragraph 1 of the Regulations on Information Disclosure of Shanghai Municipal Government stipulates that, “If citizens, legal persons or other organizations apply to an administrative organ for disclosure of government information in accordance with Article 13 of the Regulations on Disclosure of Government Information, it shall submit an application stating the following contents: (1) the name or designation and contact information of the applicant; (2) specific government information contents, including the name, document number or other characteristic descriptions of the document that can pointed out; (3) methods and formality of obtaining such government information.”
- 5.
Zhu [3].
- 6.
Wu [4].
- 7.
Ichihashi et al. [5].
- 8.
Wu [4].
- 9.
Wang [6].
- 10.
Hou [7].
- 11.
Li [8].
- 12.
Zhang [9].
- 13.
Wang [10].
- 14.
Friedhelm [11].
- 15.
See the administrative ruling (No. 3007 [2016], Retrial, Adm. Division, SPC).
- 16.
Shen [12].
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Geng, B., Yin, Q. (2020). 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. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-15-0342-9_36
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