Abstract
Openness and transparency are important indicators for assessing the construction of a law-based government. The disclosure of government information puts the operation of administrative power under sunshine and public supervision, thereby fully guaranteeing citizens’ right to know, right of participation, right of expression and right of supervision, and continuously promoting modernization of governance capacity. This report takes the government information disclosure cases accepted and concluded by the Guangzhou Railway Transport Intermediate Court and Guangzhou Railway Transport Court from 2016 to 2020 as research samples, analyzes the basic situation and main characteristics of such cases and the problems in the government information disclosure work of administrative organs as exposed in such cases, and puts forward some constructive suggestions on improving the government information disclosure work and building a law-based, responsible, honest and efficient government.
Head of the project team: Jianwen Hou, the president and a judge of the Administrative Division of Guangzhou Railway Transport Intermediate Court. Other members of the project team: Jianjun Tan, Director and a judge of Research Office of Guangzhou Railway Transport Intermediate Court; Shulin Yu, a judge of the Administrative Division of Guangzhou Railway Transport Intermediate Court; Hui** Zhuang, a judge of the Administrative Division of Guangzhou Railway Transport Intermediate Court; and Yan Shao, a judge of the Third Administrative Division of Guangzhou Railway Transport Court. Authors of this report: Jianjun Tan and Yan Shao.
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Notes
- 1.
In this report, the numbers of closed cases are calculated based on the actual numbers of accepted and closed cases each year and other statistics on the types, disclosure, reply and loss of cases are all based on the final trial results.
- 2.
In accordance with the arrangements made by the Supreme People’s Court for carrying out the pilot reform of cross-regional concentrated jurisdiction over administrative cases in seven railway transport courts, the railway transport courts at two levels in Guangzhou formally began to accept administrative cases in Guangzhou in January 2016.
- 3.
See “Annual Report on Information Disclosure Work of the Municipal Government”, Guangzhou Municipal People’s Government Portal Website. The number of cases given in this report may be different from the statistics of people’s courts.
- 4.
In 2016, railway transport courts at two levels in Guangzhou began to exercise cross-regional centralized jurisdiction over area administrative cases. Some second-instance cases from various districts entered the jurisdiction of the Guangzhou Railway Transport Intermediate Court in the second instance. Therefore, the number of closed cases was higher than the number of accepted cases.
- 5.
Zhang Wei (2021).
- 6.
See Ruoqun Xu (2020).
- 7.
No. 2839 [2016], Administrative Petition, Supreme People’s Court.
- 8.
See Changjiang Daily, http://opinion.people.com.cn/n/2014/0515/c1003-25020669.html, last visited on March 3, 2021.
- 9.
Xu Chen and He Tian (2020).
- 10.
Baojian Geng (2016).
- 11.
Guangyu Li (2011).
References
Zhang Wei: “An Analysis of Approaches to Advancing Government Information Disclosure - Taking the Guangzhou Practice as an Example”, 1 (2021) Exploration.
Ruoqun Xu, “A Study on the Imbalance Between Supply and Demand in Government Information Disclosure: from the Perspective of Modernization of Governance”, Journal of Yunnan Administration College, No. 4, 2020.
Xu Chen and He Tian (eds.), The Blue Book of Rule of Law in China: Report on the Development of Rule of Law in China No.18 (2020), Bei**g: Social Sciences Academic Press, 2020, pp. 174–210.
Baojian Geng, The Method of Adjudication, Bei**g: People’s Court Press, 2016, p. 14.
Guangyu Li, Reader on Judicial Interpretation of Government Information Disclosure, Bei**g: Law Press China, 2011, p. 89.
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Project Team of the Administrative Division of Guangzhou Railway Transport Intermediate Court of Guangdong Province. (2024). Investigation Report on Government Information Disclosure Litigation Cases in Guangzhou—Based on the Analysis of 1,168 Cases Tried by Railway Courts in Guangzhou from 2016 to 2020. In: Tian, H., Lv, Y. (eds) Assessing Government Transparency in China (2021). Springer, Singapore. https://doi.org/10.1007/978-981-99-9734-3_3
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