The plaintiff lost the first administrative case against government information disclosure.
Beijing Daily News (Reporter Gao Jian correspondent Cui Liang) When representing a friend, he found that the opposing lawyer showed his personal marriage record in court, which made him very passive in representing the case. Mr. Wang asked the court to confirm that the administrative act of the Changping District Civil Affairs Bureau to issue the "File Query Certificate" was illegal. Reporter165438+1October 27th was informed that the first administrative case involving the disclosure of government information in this city was pronounced in Changping court, and the court rejected Mr. Wang's claim.
Mr. Wang said that his friend had a dispute with a home furnishing company because of the lease contract, and the property in the house was forcibly removed. As an agent, Mr. Wang participated in the court debate and submitted to the court an outbound order issued by an industry and trade company to prove the quantity of goods taken by the other party. This outbound order was adopted by the court of first instance to make a judgment. The home furnishing company that lost the case refused to accept the appeal.
At the trial of the second instance, the lawyer of the home furnishing company suddenly produced an inquiry record of Mr. Wang's marriage, which proved that Mr. Wang and the legal representative of the industry and trade company providing the outbound order were husband and wife, so as to question the legality of the outbound order. "I am not a party to this case, but the Civil Affairs Bureau actually accepted the application of the opposing lawyer to inquire about my marital status and issued a' search warrant', which violated my privacy."
Changping District Civil Affairs Bureau argued that the marriage registration office issued a "search warrant" to lawyers in compliance with the law. "According to the provisions of Article 15 of the Measures for the Administration of Marriage Registration Files, lawyers and other agents ad litem can consult the marriage registration files related to litigation with the supporting materials issued by the court accepting the case and their valid certificates." The agent of the Civil Affairs Bureau said that the lawyer used the information he consulted as evidence in court, not on other occasions, and there was no invasion of privacy.
This kind of case was not included in the scope of court administrative litigation before, but according to the second paragraph of Article 33 of the Regulations on the Openness of Government Information, which came into effect on May/Kloc-0 this year, "citizens, legal persons or other organizations may apply for administrative reconsideration or bring an administrative lawsuit according to law if they think that a specific administrative act of an administrative organ in the disclosure of government information infringes on their legitimate rights and interests".
Finally, Changping Court approved the defense opinion of the Civil Affairs Bureau, and found that the investigation of Mr. Wang's marital status by the lawyers of the home furnishing company was related to the evidence in the civil litigation, which met the requirements of lawyers to consult the marriage registration files related to the litigation during the litigation.