[Shenzhen Lawyers Association] The case of citizen suing government agency represented by Zhiming Law Firm was selected as one of the top ten typical administrative cases in Shenzhen in 2018.

On July 16, 2019, the Shenzhen court announced the top ten typical administrative cases in Shenzhen for 2018. Among them, the Wang Tengfeng Literary Rights Litigation Team of Guangdong Zhiming Law Firm represented the; Zhang v. Shenzhen Municipal People's Government Government Information Disclosure Case; Honor selected!
 

This case originated from an administrative lawsuit filed by the party Zhang against the Shenzhen Municipal Human Settlements Environment Commission (another case) due to environmental pollution caused by a new power plant project by the government. In 2015, Zhang submitted an application to the Shenzhen Municipal People's Government, requesting the disclosure of the "Study on Site Selection and Planning Design Conditions for the Shangkengtang Site of the Shenzhen Eastern Waste-to-Energy Plant (Eastern Environmental Protection Plant) (Draft for Review)" submitted by the Shenzhen Municipal Planning and Land Resources Commission to the Shenzhen Municipal People's Government, the written opinions of the Shenzhen Urban Planning Committee reviewing and approving the above project and documents, and the written documents of the Shenzhen Municipal People's Government approving the above project and documents. Zhang's application was rejected by the Shenzhen Municipal People's Government on the grounds that the content requested for disclosure was procedural information generated during internal communication, research, and review of matters related to the construction of the Shenzhen Eastern Waste-to-Energy Plant between the Shenzhen Municipal People's Government and the Shenzhen Municipal Planning and Land Resources Commission, and thus did not constitute government information that should be disclosed. After the first-instance trial, the court ruled against the Shenzhen Municipal People's Government, holding that for the approval and implementation of major construction projects, administrative organs should disclose information in accordance with the law. The court revoked the non-disclosure response made by the Shenzhen Municipal People's Government to Zhang's information disclosure application and ordered the Shenzhen Municipal People's Government to reprocess the matter. Subsequently, the Shenzhen Municipal Government appealed to the Guangdong Provincial High Court. Finally, the provincial high court issued a final judgment "dismissing the Shenzhen Municipal Government's appeal and upholding the original verdict."

The Wang Tengfeng literary and artistic rights litigation team in this case, from the perspective of major public interests in society, conducted in-depth research on administrative substantive law and procedural law, and proposed the following:; The government should not confuse the deliberation and decision-making behavior with the specific behavior of functional departments; His defense also received support from two levels of courts. This case has been included in the top ten typical administrative cases of Shenzhen in 2018.