(a) to the administrative organ for access to government information, the administrative organ refuses to provide or does not reply;
(two) that the government information provided by the administrative organ does not meet the requirements of the application or the appropriate form stipulated by laws and regulations;
(three) that the administrative organ's voluntary disclosure or disclosure of government information upon the application of others infringes on its business secrets and personal privacy;
(four) that the records of the government information provided by the administrative organ related to itself are inaccurate and require the administrative organ to correct them, and the administrative organ refuses to correct them, fails to reply within the time limit or refuses to transfer them to the competent authority for handling;
(five) that other specific administrative acts of administrative organs in the work of government information disclosure infringe upon their legitimate rights and interests.
Citizens, legal persons or other organizations that the administrative act of government information disclosure infringes upon their legitimate rights and interests and causes damage may bring an administrative compensation lawsuit together or separately. Article 2 If a citizen, legal person or other organization refuses to accept the following acts and brings an administrative lawsuit, the people's court will not accept it:
(a) because the application content is not clear, the administrative organ requires the applicant to make amendments or supplements, which have no actual impact on the rights and obligations of the applicant;
(two) the administrative organ is required to provide government bulletins, newspapers, magazines, books and other public publications, and the administrative organ refuses;
(three) the administrative organ is required to produce and collect government information for it, or to summarize, analyze and process some government information, and the administrative organ refuses;
(four) the parties and interested parties in the administrative procedure apply for access to the files in the name of government information disclosure, and the administrative organ shall inform them in accordance with the provisions of relevant laws and regulations. Article 3 Where a citizen, legal person or other organization thinks that an administrative organ fails to fulfill its obligation of voluntarily disclosing government information according to law and directly brings a lawsuit in a people's court, it shall inform it to apply to the administrative organ for obtaining relevant government information first. Anyone who refuses to accept the reply of the administrative organ or refuses to reply within the time limit may bring a lawsuit to the people's court. Article 4 If a citizen, a legal person or any other organization refuses to accept the administrative act of the State Council departments, local people's governments at all levels and local people's governments at or above the county level to apply for the disclosure of government information, the organ that makes a reply is the defendant. If no reply is made within the time limit, the organ accepting the application shall be the defendant.
If a citizen, legal person or other organization refuses to accept the administrative act of voluntarily disclosing government information, the organ that disclosed the government information shall be the defendant.
If a citizen, legal person or other organization refuses to accept the organization authorized by laws and regulations with the function of managing public affairs to disclose government information, the organization shall be the defendant.
In any of the following circumstances, the organ that signed the legally effective document is the defendant:
(a) whether the government information is open and reported to the competent authority for approval according to law;
(2) Whether government information can be made public shall be decided by the state secrecy administrative department or the secrecy administrative department of a province, autonomous region or municipality directly under the Central Government;
(three) the administrative organ communicated and confirmed with the relevant administrative organs before the disclosure of government information. Article 5 If the defendant refuses to provide government information to the plaintiff, he shall provide evidence on the basis of his refusal and the performance of his statutory obligation to inform, and explain the reasons.
If the public interest decides to disclose government information involving business secrets and personal privacy, the defendant shall provide evidence to explain the reasons for deciding the public interest and the facts that may have a significant impact on the public interest.
If the defendant refuses to correct the government information records related to the plaintiff, he shall provide evidence and explain the reasons for his refusal.
If the defendant can prove that the government information involves state secrets and requests not to submit it in the lawsuit, the people's court shall allow it.
If the defendant claims that the government information does not exist and the plaintiff can provide relevant clues that the government information was produced or preserved by the defendant, he may apply to the people's court for evidence collection.
If the defendant refuses to provide government information on the grounds that it has nothing to do with the special needs of the applicant's own production, life and scientific research, the people's court may require the plaintiff to explain the reasons for the special needs.
If the plaintiff sues the defendant for refusing to correct the government information record, it shall provide the factual basis that it has applied to the defendant for correction, and that the government information is related to itself and the record is inaccurate. Article 6 When trying administrative cases involving the disclosure of government information, the people's courts shall adopt appropriate trial methods as appropriate to avoid disclosing government information involving state secrets, business secrets, personal privacy or other confidential information as prescribed by law. Article 7 Where the government information is kept by the defendant's archival institutions or archivists, the provisions of the Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information shall apply.
Government information has been handed over to the national archives at all levels, in accordance with the laws, administrative regulations and relevant state regulations on file management. Article 8 Where government information involves state secrets, commercial secrets or personal privacy, the people's court shall determine that it belongs to the scope of non-disclosure.
Government information involves business secrets and personal privacy, but if the obligee agrees to make it public, or the non-disclosure may have a significant impact on public interests, it shall not be subject to the restrictions stipulated in the preceding paragraph.