The Legal Regulation Of The Abuse Of Litigation Information Disclosure

With the 2015 new<Administrative Procedure Law>promulgated an d implemented,as well as filing and registration of the establishmen t of information disclosure litigation system,once again showing the trend of the spread,of which the most typical is the 2015 eleventh i ssue of the bulletin of the Supreme People's court disclosed "Lu Hong xia v.Nantong Municipal Commission of development and reform of gove rnment information disclosure case".It should be noted that Lu Hong xia and his father,aunt,repeatedly put forward information disclosu re administrative proceedings,objectively wasted national litigation resources.At present,scholars have reached a consensus:Lu Hongxia's behavior indeed constitutes abuse complaints.Although Nantong cit y Gangzha District People's court in the trial of the case,has legit imacy in law,to curb the current situation of information disclosure excessive litigation which played a certain deterrent.But there are loopholes in the law application,for instance,in expanding the dec ision the abuse of litigation behavior standard,in the aspect of the plaintiff will be upgraded to the obligations that the burden of pro of,the improperly restricting the plaintiff's qualification,and the improper application of the law,which can not be ignored.Then the s imilar abusing actions is only be rigorous reviewed of information di sclosure and legal reasons by "three requirements".There is no subst antive punishment for other similar cases and the plaintiff which can not play a good effect of constraint.For example,2013 to 2015,as the representative of Li Meijia who take legal action as many as 295 cases in information disclosure litigation situation.There is no cle ar penalty regulation on the similar abuse of litigation problems.Th erefore,it is necessary for the information disclosure of abuse of 1 itigation right of legal regulation.