Research On The Legal Regulation Of The Abuse Of The Right To Apply For Government Information Disclosure

The disclosure of information is the obligation of the state power subject to the citizen to society.It is one of the basic principles of the implementation of democratic politics and the rule of law.The disclosure of government information is the inevitable requirement that the citizen's right to know can be realized.The law of the public in the world through the information disclosure law and information disclosure system to protect the realization of citizens' right to know,but in the implementation of information disclosure system also appeared in the abuse of government information disclosure application rights.China's government information disclosure regulations since the implementation of government information disclosure work has achieved remarkable results,but over time also exposed some problems,such as the administrative organs to open the information is not comprehensive and timely,not open the scope of the ambiguity,etc.,At the same time,there is also the universality of the information disclosure work of various countries,that is,the abuse of government information disclosure right.The abuse of government information disclosure right not only imposes unnecessary burdens on the work of the administrative organs and the judiciary,has caused the waste of administrative and judicial resources,but also affected the proper access to government information and hindered the smooth progress of government information disclosure.So it is necessary through the legislative,judicial and other means to properly regulate the issue.2015 Jiangsu Nantong Gangzha District People's Court made(2015)Initial No.00021 administrative ruling,the ruling that Lu Hongxia made 94 times to Nantong City Development and Reform Commission of the government information disclosure application does not have a legitimate purpose,contrary to the "Government Information Disclosure Ordinance," the legislative purpose is to abuse the right to apply for government information disclosure.This assertion has caused a lot of controversy and thinking,such as how to define the abuse of government information disclosure application right,that the government information disclosure right to abuse the standard is what,how to regulate the phenomenon of abuse of information disclosure and the government information disclosure system and many more.It is a difficult problem to solve the problem that the government information disclosure work is the problem that is now open to the government information disclosure work in order to ensure the smooth progress of the government information disclosure work in the protection of citizens' right to know and to regulate the abuse of the right to know.The core of the government information disclosure system is to protect the citizens' right to know.Therefore,it is necessary to clarify the connotation and determination criteria of the abuse of the right to apply for government information disclosure when regulating the abuse of the right to apply for government information disclosure,thus restricting the administrative organs of the discretion to guide the applicant to correctly exercise the right to apply for information disclosure,so as to achieve the purpose of protecting the public right to know.At the same time,through the analysis of the existing large number of abuse of government information disclosure application rights phenomenon,we can see that the applicant based on a certain improper purpose,a large number of repeated to the administrative organs of information disclosure applications,resulting in administrative resources and judicial resources,Hinder the normal work of government information.Therefore,it is necessary to take effective measures from the aspects of government information disclosure system,administrative work procedure and judicial trial procedure to regulate the abuse of government information disclosure.The reason for the abuse of the right of information disclosure is diversification,on the one hand,the applicant has the purpose of improper application,on the other hand,the government information disclosure system is not perfect.Therefore,to solve the problem of the applicant's abuse of government information disclosure is fundamental to the re-construction of the information disclosure system,to refine the government information initiative to open the content,improve the application procedures and so on.At the same time,in the process of applying for the right of information disclosure,the judiciary should increase the physical examination of the abuse of information disclosure behavior to limit the abuse to ensure the smooth progress of information disclosure.The problem of the abuse of the right of government information disclosure is an urgent problem to be solved in the work of government information disclosure.It is necessary to ensure that the applicant has exercised the right to apply information publicly through the revision and perfection of the existing information disclosure system.In the reasonable determination of the abuse of information disclosure of the right to apply at the same time,to make the necessary restrictions,of course,this restriction should be cautious.In the face of the problems in the work of government information disclosure,it is necessary for our country to reconstruct the government information disclosure system so as to ensure the smooth development of government information disclosure and promote the development of democracy and the rule of law.