信息公开诉讼运作规则研究

On the Lawsuit of Administrative Information Opening

信息公开之诉是信息公开权利人在请求公开有关行政信息的过程中,因不服公开义务人对特定信息的作为或不作为而提起的行政诉讼,具有诉讼目标的给付性、诉讼基础的请求性、诉讼利益的双重性及争讼对象的事实性等基本特征。拥有信息公开请求权、穷尽行政救济、遵守特殊请求权时效规定共同构成了信息公开之诉特有的起诉条件。与传统的行政诉讼相比,信息公开之诉在举证责任分配、审查方式选择及判决种类区分等方面都具有特殊的规则。面对信息公开之诉的涌现,以类型化为目标重塑我国现行行政诉讼制度已经成为必然的选择。

The lawsuit of the administrative information opening is that the person who has the fight to open the intbrmation institute the administrative lawsuit because he defy doing or not doing of the information opening ohligor in the process of asking for opening the administrative information. It has the character of the present of the lawsuit sign, the request of the lawsuit basic, the double of the lawsuit profit and the fact of the dispute object and etc. The rule of having the right of asking for opening the information, limiting the administrative relief, obeying the special request time limits constitute the special condition of the lawsuit of the administrative information opening. Comparating the traditional administrative lawsuit ,the lawsuit of administrative information opening has the special rules in distributing the onus probandi ,choosing the cheek up mode and distinguishing the judge category and etc.Facing the rush of the lawsuit of the administrative information opening ,our system of the administrative lawsuit now should give the positive responsive transform.