高校信息公开行政诉讼若干问题研究

On Several Issues in Administrative Litigation of University Information Publicity

高校信息公开行政诉讼有着重要的立论依据,迫切需要在理论和实践中推进。高校信息公开行政诉讼涉及到公开与不公开、主动公开与依申请公开的司法认定,这是人民法院审理高校信息公开行政诉讼案件的基础性问题。同时,人民法院在审理高校信息公开行政诉讼案件时应该平衡好信息公开与学术自主的关系。

There is sufficient argument foundation for the administrative litigation of university information publicity, which also should been exercised in both practice and theory fields. Such litigation involves the judicial determination of publicity and unpublicity, active publicity and publicity upon application, which is also the basic issue of the people＇ s court hearing the administrative litigation of university information publicity. Meanwhile, what＇s more for the people＇s court to balance in such litigation is the relationship between information publicity and academic autonomy.