涉及政府信息公开 最高法相关负责人详解最新司法解释

Core Viewpoint - The Supreme People's Court has issued a judicial interpretation regarding the handling of administrative cases related to government information disclosure, mandating that if the information is deemed public, it must be provided to the plaintiff within twenty working days starting from June 1 of this year [1][2]. Group 1: Rights of Plaintiffs - The interpretation emphasizes the right of plaintiffs to obtain government information legally, stating that if the information is determined to be public, the court will order its disclosure within twenty working days [2][5]. - The interpretation also specifies that courts should adopt appropriate trial methods to prevent the disclosure of information that involves state secrets, commercial secrets, or personal privacy [2][3]. Group 2: Abuse of Rights - The Supreme People's Court has acknowledged issues of abuse regarding the right to request government information, where some individuals repeatedly apply for the same information not for genuine interest but to draw attention to their claims [4][5]. - This abuse of rights has been noted to consume significant administrative and judicial resources, affecting the normal functioning of administrative bodies and courts [4]. Group 3: Responsibilities and Procedures - The latest judicial interpretation places the burden of proof on the plaintiff to demonstrate how the actions of the administrative agency regarding disclosure or non-disclosure may harm their rights [5]. - The interpretation also outlines specific circumstances under which actions that do not materially affect the rights and obligations of citizens or organizations may not be accepted for litigation, including cases where legal review procedures have not been followed [5].