最高法发布审理政府信息公开行政案件司法解释
Xin Jing Bao·2025-05-20 08:44

Core Points - The Supreme People's Court issued an interpretation regarding the legal application in government information disclosure administrative cases, effective from June 1, which replaces the previous judicial interpretation [1][2] - The interpretation clarifies the acceptance criteria for government information disclosure administrative cases, the qualifications of plaintiffs and defendants, and the burden of proof in these cases [1][2] Group 1 - The interpretation aligns the qualifications for plaintiffs in government information disclosure cases with the Administrative Litigation Law, allowing citizens, legal persons, or organizations that believe their legitimate rights are infringed by government information disclosure decisions to file lawsuits [1][2] - For cases involving proactive disclosure of government information, the administrative agency that made the disclosure is designated as the defendant, while for cases involving information disclosed upon request, the agency that responded to the request is the defendant [2] - The interpretation establishes that the defendant bears the burden of proof regarding the legality of administrative actions, and outlines specific responsibilities for both defendants and plaintiffs in providing evidence [2] Group 2 - In cases where the plaintiff requests the court to prevent the disclosure of information related to commercial secrets or personal privacy, the plaintiff must provide evidence that such disclosure would harm their legitimate rights [2] - The interpretation addresses concerns about the potential abuse of the right to request government information, stipulating that plaintiffs must demonstrate how the agency's actions regarding disclosure or non-disclosure could harm their rights [2]

最高法发布审理政府信息公开行政案件司法解释 - Reportify