信息公开行政诉讼的诉的利益

发布时间：2018-10-26 15:13

【摘要】：公法上的知情权源自公民的参政权与监督权,已成为个人的实定法权利。维护这种权利的行政诉讼自然属于主观诉讼的一种;而知情权又是服务于参政议政、监督政府依法行政的公共利益,信息公开行政诉讼也就具有了客观诉讼的面向。私人申请政府信息公开,就是在行使自己受行政法规范保护的知情权;同时因知情权属于任何公民,且服务于不特定主体的利益,故而起诉人不必有特别的个人利益,只要提出了公开申请,就与信息公开行政决定建立起"利害关系",即可具有提起行政诉讼的原告资格。至于对政府信息是否有特殊需要,仅在原告增值使用政府信息时才应加以证明。即便起诉人在行政程序中拥有阅览卷宗权,也不影响其基于知情权提起行政诉讼。知情权是一种实体性权利,理应受到正当程序的保障。具备实体和程序中的一项,就足以具有信息公开行政诉讼的诉的利益。基于此,对于信息公开的行政诉讼,原则上不应作出滥用诉权的判断。
[Abstract]:The right to know in public law originates from citizens' right to participate in political power and supervision, and has become an individual's right to establish law. The administrative litigation to safeguard this kind of right naturally belongs to one kind of subjective litigation, and the right to know serves the public interest of participating in government affairs, supervising the government administration according to law, the administrative litigation of information publicity also has the objective lawsuit face. Private application for the disclosure of government information is the exercise of their right to know protected by the norms of administrative law; At the same time, because the right to know belongs to any citizen and serves the interests of no specific subject, the prosecutor does not have to have special personal interests, so long as he submits a public application, he will establish an "interest" with the administrative decision on information disclosure. Can have the plaintiff qualification that brings administrative lawsuit. As to whether there is a special need for government information, it should be proved only if the plaintiff adds value to the use of government information. Even if the prosecutor has the right to read files in administrative proceedings, it does not affect his right to know about the administrative proceedings. The right to know is a kind of substantive right, which should be guaranteed by due process. Having one of the entities and procedures is sufficient to have the benefit of information disclosure administrative litigation. Based on this, we should not judge the abuse of the right of action in principle for the administrative litigation of information disclosure.
【作者单位】：中国人民大学法学院;
【分类号】：D925.3

【相似文献】