According to Article 18 of the Regulations on the Openness of Government Information in People's Republic of China (PRC), government information that belongs to the scope of voluntary disclosure shall be made public within 20 working days from the date when the government information is formed or changed; Article 24 of the Regulations stipulates that if an administrative organ receives an application for government information disclosure and cannot reply on the spot, it shall reply within 15 working days from the date of receiving the application. The extension of the reply shall be agreed by the person in charge of the government information disclosure work agency, and the applicant shall be informed, and the longest time shall not exceed 15 working days.
Article 46 of the Administrative Procedure Law stipulates that if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date of knowing that it has made a specific administrative act. Administrative litigation only has the delay of the prosecution period, and there is no interruption of the prosecution period. Only when an administrative lawsuit is filed within the time limit for prosecution, the people's court has the right to conduct judicial review. The people's court can only rule that an administrative case prosecuted beyond the time limit for prosecution will not be accepted. If it is not ascertained at the time of filing the case, but it is ascertained during the trial that the time limit for prosecution has expired, the people's court shall rule to dismiss the prosecution.
On the management system of government information disclosure
(a) all departments (units) of the people's governments at or above the county level shall carry out the work of government information disclosure under the unified guidance, coordination and supervision of the competent department of information disclosure of the people's governments at the same level.
(two) the departments (units) that implement vertical leadership shall, under the leadership of their superior competent departments (units), carry out the government information disclosure work under the unified guidance and coordination of the local people's government. Departments (units) that implement dual leadership shall carry out government information disclosure work under the leadership of the local people's government and accept the guidance of superior business departments (units).
On the establishment of coordination mechanism of government information release
(three) the competent departments of the people's governments at all levels shall organize and coordinate the relevant administrative organs to establish and improve the coordination mechanism of government information release, and form a smooth and efficient communication channel for information release. If the government information to be released by the administrative organ involves other administrative organs, it shall communicate and coordinate with the relevant administrative organs and be released only after being confirmed by the other party; If no consensus can be reached through communication and coordination, the administrative organ that intends to release the government information shall report to the competent department of government information disclosure at the same level for coordination and settlement.
(4) In accordance with laws, administrative regulations and the relevant provisions of the state, the release of government information such as the quality and safety of agricultural products, major infectious diseases, major animal epidemics, important geographic information data and statistical information shall be carried out in strict accordance with the prescribed authority and procedures.
On the Confidential Review of Government Information Release
(five) when making government information, the administrative organ shall make clear whether the government information should be made public; If it is uncertain whether it can be made public, it shall be reported to the relevant competent business department (unit) or the confidentiality department at the same level for determination.
(six) the administrative organ shall, in strict accordance with the relevant provisions of the "People's Republic of China (PRC) Law on Guarding State Secrets" and its implementation measures, conduct a confidential review of the government information to be disclosed. Government information that belongs to state secrets or may endanger national security, public safety, economic security and social stability after disclosure shall not be made public.
(seven) the main content needs to be widely known or participated by the public, but part of the government information involves state secrets, which should be decrypted and deleted through legal procedures before it can be made public.
(eight) the management of government information that has been handed over to archives and archival institutions shall be implemented in accordance with the laws, administrative regulations and relevant state regulations on archives management.
The difference between the time limit for prosecution and the limitation of action in administrative litigation
1, with different properties.
Time limit for prosecution: the time limit for prosecution is an important element of the legality of prosecution, that is, the legal condition for the court to accept the prosecution, and it is a legal system of litigation procedure stipulated in the Administrative Procedure Law; The effectiveness of litigation is an important element of well-founded litigation, that is, the premise that the plaintiff's claim can be established.
Limitation of action: Limitation of action belongs to the civil substantive law system and is stipulated in the Civil Code.
2. The purpose of legislation is different.
Time limit for prosecution: The reason why the Administrative Procedure Law sets the time limit for prosecution is to urge the counterpart to exercise his rights as soon as possible, improve the efficiency of law enforcement of administrative organs and maintain the stability of administrative order. If the counterpart is allowed to apply for relief for administrative acts at any time, it will inevitably make administrative acts in a state of being questioned and denied, which will not only affect administrative efficiency, but also bring confusion to administrative order.
Limitation of action: the limitation of action is stipulated in the civil substantive law, with the purpose of making the original obligee lose his rights after the statutory period, legalizing the long-standing factual state, which is conducive to the stability of economic order and legal order.
3. The start time of is different
Time limit for prosecution: the time limit for prosecution in administrative litigation is calculated from the date when the counterpart knows or should know the specific administrative act, adopting objective behavior standards and emphasizing "behavior";
Limitation of action: the starting time of limitation of action is from the day when the parties know or should know that their rights have been infringed, and the subjective perception of rights by the parties is taken as the standard, emphasizing "rights".
The significance of government information disclosure
1, realizing citizens' right to know. China is a country where people are masters of their own affairs. It is necessary and necessary for citizens to master government information, which is the basic right of citizens and the obligation of the government. As a weak party, individual citizens can't take the initiative to master government information. Therefore, the disclosure of government information plays a vital role in the process of realizing citizens' right to know.
2. Effectively respond to crisis events and save the image of the government. The government dares to disclose crisis information, actively uses the media to disclose facts in time and truly, and allows the media to conduct correct public opinion guidance on the basis of spreading facts, which is not only conducive to solving the crisis, but also conducive to maintaining the government image and effectively enhancing the government's credibility.
3. Eliminate rumors and stabilize social order. Rumors stop in the open. When faced with some rumors such as disaster or public safety, the government should tell the public the whole story. This is what a transparent government should do from the perspective of protecting everyone, and it is also the best way to effectively eliminate rumors.
4. Promote democratic politics and realize citizens' right of supervision. The people are the masters of the country, and the staff of state power organs are the public servants of society. Only by truly and effectively using the information resources held by the government can people supervise, put forward opinions and participate in administrative management, thus promoting the perfection and perfection of the government's democratic system and behavior.
5. Restrict abuse of power and corruption. The openness of government information is conducive to breaking the concealment of power operation and providing a preventive mechanism for controlling power abuse and corruption. Sunlight is the best disinfectant. The disclosure of government information will make the whole administrative system transparent and open, the decision-making and implementation of government policies will be completely exposed to the public, and the operation of power will be changed from concealment to transparency, which will undoubtedly cut off the chain of power and money transactions, including the interest transmission channels behind the transactions.
Improve legal awareness.