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【裁判要旨】申请人在无法知晓所申请公开的政府信息文件名称、文号的情况下,可以用指向明确的特征描述语言表述其申请公开的政府信息内容。行政机关答复称不存在的,其是否尽到检索义务是审查重点。在这种情况下,行政机关仅以特征描述申请中某些字段为关键词进行检索,来证明其尽到检索义务,显然难以达到认定事实清楚的证明标准。此时行政机关还应举证证明其以特征描述所指向的相关政府信息的文件名称为关键词进行了检索。
【Referee Key Points】 If the applicant can not know the name and symbol of the government information file that has been applied for public disclosure, the applicant may state the government information contents of the application for disclosure in the clear feature description language. If the administrative organ replies that it does not exist, its fulfillment of its search obligation is the key point for its examination. Under such circumstances, the administrative organ searches only for certain fields in the feature description application as the key words to prove that it has fulfilled the retrieval obligation, and obviously it is hard to reach the standard of proving the facts. At this time, the administrative organ should also provide evidence to prove that it has searched the key words of the file name of the relevant government information pointed by the characteristic description.