The information disclosure case of the hottest law

2022-08-21
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Lawyers v. the Ministry of Railways information disclosure case was suspended due to institutional reform

lawyers sued the Ministry of Railways for new progress in the case of requiring the disclosure of information related to the construction of 12306 station. The legal system learned from lawyer Dong Zhengwei today that the Beijing first intermediate people's court has issued a ruling, saying that because the National People's Congress approved the State Council's institutional reform and function transformation plan, the plan "no longer retains the Ministry of Railways", and the trial of the case was suspended

"according to the judicial interpretation of the administrative procedure law, the trial can be resumed after the cause of suspension disappears. This needs to wait for the emergence of the institution that inherits the responsibilities of the Ministry of railways. It may be the State Railway Administration or the Ministry of communications, and I think the latter is more likely." Dong Zhengwei told the legal system

for a long time, the 12306 ticketing system of the Ministry of railways, which costs hundreds of millions of yuan, has been controversial due to a series of problems

from September 2012, Beijing lawyer Dong Zhengwei began to apply for the disclosure of all information about the bidding process of 12306 station construction design services, including the scope of publication of the station construction design bidding information, the qualification conditions of the bidding enterprises, the bidding scheme, bid evaluation process, bid winning situation of each participating enterprise, the total cost of station design, construction and operation, and the acceptance criteria for station delivery and use

on September 27, 2012, the Ministry of Railways explained the bidding situation of the new generation passenger ticket system to the media, but did not disclose the bidding scheme, station design, total cost and other information of participating enterprises. On October 20 of the same year, the Ministry of Railways replied to Dong Zhengwei's application for information disclosure, saying that the new generation of passenger ticket system is an integral part of 12306 station. The public bidding situation has been explained through the media, and it is suggested that they arrive at the station and inquire about relevant information by the media

Dong Zhengwei believes that the relevant Reply of the Ministry of railways that the status of grounding installation should be convenient for wiring does not specifically fulfill the obligation of information disclosure Reply of its host system by the frame bank, and the information access provided does not have the information content required to be disclosed

on October 25th, 2012, due to dissatisfaction with this reply, Dong Zhengwei applied to the Ministry of Railways for administrative reconsideration on all the information about the bidding process of 12306 station construction design service. On December 20 of that year, the Ministry of Railways rejected his application for administrative reconsideration

two months later, Dong Zhengwei formally submitted the complaint materials to the first intermediate people's Court of Beijing, requiring the Ministry of Railways to continue to perform the obligation of information disclosure

on January 7, 2013, the first intermediate people's Court of Beijing filed a case. On February 1, Dong Zhengwei received a notice from the administrative trial court of the first intermediate people's Court of Beijing that the court decided to add the information technology center of the Ministry of Railways as the third person in the case. The indictment needs to be rewritten and the corresponding evidence should be submitted

the next day, Dong Zhengwei improved the indictment and evidence again and submitted them to the court, with the litigation request unchanged. He said: "the participation of the technology center of the Ministry of Railways in the lawsuit can better find out the total investment cost of 12306 station and all bidding information, which will be more conducive to information disclosure and public supervision."

Dong Zhengwei told that during the Spring Festival, he received the reply to the administrative litigation of the Ministry of Railways forwarded by the court, saying that the content of Dong Zhengwei's application for disclosure did not belong to the scope of information disclosure of the Ministry of railways. In order to respect the plaintiff's right to know, the Ministry explained the information to the plaintiff and informed the plaintiff of the inquiry ways and means of relevant information according to law. Therefore, the reply of the Ministry of Railways to the plaintiff's government information disclosure application and the rejection of the administrative reconsideration decision are both legitimate

in this regard, Dong Zhengwei told the legal system: "the previous reply letter of the Ministry of Railways on information disclosure did not tell which organization should have the obligation to disclose the bidding information of 12306 station, nor did it state that it did not belong to the scope of the information disclosure responsibility of the Ministry of Railways when the calibration was completed." He believed that the contents stated in the reply of the administrative litigation of the Ministry of railways were inconsistent with the contents of the previous information disclosure reply letter, which was beyond the scope of the first reply letter and belonged to the practice of changing the administrative act afterwards

Dong Zhengwei believes that according to the bidding law, the 12306 station project should be approved by the Ministry of Railways from construction approval to bidding project approval; The information technology center of the Ministry of Railways is a public institution directly under the Ministry of railways. The source of funds is the state-owned assets and financial funds managed and operated by the Ministry of railways. It is a public service platform that is responsible for the construction and maintenance of the 12306 ticket purchasing system and the provision of online ticket sales services under the organization of the Ministry of railways that unifies B and the minimum elongation at break is the elongation of the corresponding level chain. The Ministry of Railways needs to supervise and manage, It is obviously difficult to shirk the obligation of information disclosure on the ground that the independent legal person of the information technology center of the Ministry of Railways is responsible for the bidding of 12306 station

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