Message of new capital newspaper sits domestic flight number hands in 50 yuan, sit international airliner 90 yuan, does the civil aviaton that accompanies every pieces of airline ticket to want to hand in develop fund after all to He Yi is occupied? Citizen king genorth face shirtsntleman meets with publicly to information of application of Ministry of finance after refus, tell the treasury department to the court. Yesterday morning, one quadrangle tries Beijing publicly this case, answer of Ministry of finance fastens national secret, do not grant to accord with a program publicly.
Sue a reason: Information applies for publicly by refus
Citizen king gentleman of 34 years old is a lawyer, because often be away on official business,want to take a plane, together with itself pursues job of law of duty Wu domain, so bought every time airline ticket hands in one intuition again even fund of development of brushstroke civil aviaton is very unreasonable, be in then May 2012, the book faces the Ministry of finance to put forward governmental information to make public application, demand the other side publishs two documents: Money put together [2004]17 date " fund of civil aviaton development imposes use government measure " constitute a basis, namely in those days the written instructions file of the State Council; Money put together [the basis that announcement of total bureau of civil aviaton of Ministry of finance of 2004]51 date file collects civil aviaton airport to manage construction to expend, namely in those days the approval file of the State Council.
Two week hind, the Ministry of finance made rewrite, say " the information that you file does not belong to governmental information to publish range " , give refuse. Mr Wang puts forward administration to reconsider after, the Ministry of finance makes what do not grant to make public reconsider a decision with same argument again. Final, mr Wang mentions lawsuit of politics of start on a journey to the court.
Accuser: Underground should affirm close grade
Mr Wang appeals to say, according to " governmental information makes public byelaw " , to the information that the executive authority is made in performing duty procedure or gets, "It is a principle in order to make public, it is exception in order to keep secret " , and regard as attribute thefree modern dining chairs governmental information of underground limits, ought to clear legal basis and legal order undertake adding close, affirm close grade.
He thinks, the Ministry of finance never explains civil aviaton develops fund after all to whether be in confidential condition lawfully, reject to make public with belonging to governmental information to publish range directly however, its behavior breaks the law, because this requests a court to affirm the Ministry of finance rejectharrison hot spring public pools to provide application to its,public governmental information breaks the law, sentence your deadline of Ministry of finance provides public governmental information.
The accused: Do not grant to publicize a program lawful
Agent of Ministry of finance holds to the range that this information does not publish in information on the court.
According to the Ministry of finance written rejoin shape shows, the Ministry of finance thinks to be made before its do not grant to make public " inform a book " the process is legal, the application that the reason is Mr Wang examines discovery via the Ministry of finance, the State Council builds cost and the give an official that civil aviaton develops fund to involve national secret to civil aviaton airport, accord with " governmental information makes public byelaw " in set related the governmental information that must not publish about the executive authority.
Next, the Ministry of finance expresses, what its make " administration reconsiders decision book " same also the process is legal, the reason is Mr Wang is reconsidered to administration of application of Ministry of finance, after the Ministry of finance is examined, think the place before this is done " governmental information informs a book publicly " cognizance fact is clear, applicable law is correct, program of be good law. On put together, the Ministry of finance asks the court keeps the administrative action that its make.
Current, this case still is in farther cognizance.
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If maintain national secret to should show reason
Beijing Dong Zhengwei of solicitor of office of two tall attorneys ever investigated data information to wait for many times to apply for governmental information to make public with respect to countrywide soil contamination, meantime also is rejected with involving national secret by relevant section time and again. Dong Zhengwei thinks, basis " law of conservative country secret " , the close class cent of national secret is top-secret, confidential, secret 3 class, case of national defence construction, diplomacy, science and technology, criminal is found out waiting for information is the category that the country asks clearly to ought to be national secret certainly, but at the same tinorton internet antivirusme law endows with authority to wait to central state office, provincial mechanism again will brass faucetmake national secret certainly.
In this process, dong Zhengwei thinks to be able to appear sometimes the executive authority abuses power, promote a country secret height the information of citizen consumer rights and interests, become the obstacle that information makes public then. Do not cross a basis " information is public " concerned regulation, other perhaps to involving citizen, legal person organization is personal the information of the interest, the executive authority ought to be made public actively, if maintain,be national secret must show reason adequately to the court.
Setting
Collect fees oppugn 20 years repeatedlywatch case
The Ministry of finance ever replied: Accurate public infrastructure needs policy support
Abthe most popular norton internet antivirusout civil aviaton development fund and its predecessor airport build the collection of cost, since beginning collection from March 1992, put in controversy all the time. Many lawyer and delegate of National People's Congress raise doubt to its.
2008, beijing lawyer Dong Zhengwei is written application, information of requirement Ministry of finance makes public collection airport to build the basis of cost and case of income and expenses. Later the Ministry of finance make information make public answer, the civil aviaton airport that weighs our country still belongs to accurate public infrastructure, relevant operation still is commercialized completely hard, need collection airport builds the support that expends policy.
In the whole nation last yearTwo meetingsOn, countrywide National People's Congress represents Xie Qing(Small gain)Airport of public also shell builds cost. Yesterday, xie Qing expresses in the phone, he got the answer of concerned branch after two meetings, content is cost of collection airport construction roughly (hind instead civil aviaton develops fund) be have a basis, be to suit career of instantly civilwatch case manufacturer aviaton to develop.
To this, xieqingdi gives doubt, the plane is taken to go out 20 years ago of travel is official business is away on official business mostly, it is defray of at public expense anyway, the airport construction expenses with certain collection seemed to arrive from the move of a pocket of the pubic another pocket, because this problem was not caused,take seriously. And now, what the plane became common people is daily give a tool, the case that had made airline ticket money in common people falls to hanthe most popular selling norton internet antivirusd in brushstroke to builthe best spring poold cost again, "Seem to go cafeteria has a meal to be returned so that hand in cafeteria to build cost finally " same, belong to repeat collect fees.
Xie Qing says, up to now, the collection case that has announcethe best selling modern dining chairsd this charge without authoritative branch and use circumstance.
Learn standing vice-chairman Zhang Qihuai to introduce according to Beijing air law, the original intention that the airport establishs to build cost 20 years ago is to support construction of poor airport of old little margin, be apart from certain from collection expenses according to airport volume, flight, the debt of collection is allocated 3 times by total bureau of national finance, civil aviaton, airport, but total collection how many money, how to allocate make public from not authoritative branch however.
This group manuscript is interviewed and write / Zhang Yuan of reporter of new capital newspaper
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