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

The beginning of government information disclosure system has a positive role in ensuring the people's right to know, right to participate, right to supervision, improving the transparency of government work, promoting administration according to law, creating the open public government, promoting the construction of government. With the implementation of the rights of citizens and the Regulation of the People's Republic of China on the Disclosure of Government Information, the exercise and security of the rights of the applicant is to become the focus of the general public and the media.But in practice in recent years, due to the influence of a variety of institutional or human factors, there has been a lot of phenomenon about the abuse of the right to apply for disclosure of government information emerged in the community.Minority applicants application information for reasonable or unreasonable demands of violation of the provisions of the procedures and means of information application, such as the case of Nantong, Jiangsu Lu Hongxia v Nantong Development and Reform Commission about the government information disclosure replies, seriously interfere with the normal work order of government agencies and courts and social order, what's more some people even gain unfair advantage as a way of life. Emerging problems about information request and the abuse of the right to apply information occurred aroused academic debate about right to apply for disclosure of government information and the government information disclosure system.From the research situation of the current domestic government information disclosure system, most scholars' research focused on expanding the scope of disclosure of government information and simplify the corresponding procedures, and the study of perfect way to explore the government information disclosure system from the perspective of information applicant's abuse of its right and the legal regulation of information applicant.This paper aims to improve the government information disclosure system by define the concept of abuse of the right to apply for disclosure of government information and analyze its causes and hazards, drawing on outside experience, propose appropriate solutions.This paper is divided into four main parts.The first part is an overview of the body of the abuse of the right to apply for disclosure of government information. First, carry out a clear concept of government information, in order to clarify the concept, comparative analysis the right to apply for disclosure of government information and the similar rights. Second, be clear on the meaning of abuse of rights. Finally, define the concept of abuse the right to apply for disclosure of government information by analyse the concept of the right to apply for disclosure of government information and abuse of rights, and analysis of the characteristics and dimensions of its constituent elements in both subjective and objective.The second part systematic analysis the status quo, causes and harm of the abuse of the right to apply for disclosure of government information. First, note the specific performance of abuse of the right to apply for disclosure of government information in particular in administrative operating and administrative remedies, and interpretation the reality of the harm caused by these phenomena from the angle from the waste of administrative resources, harm the public interest, the legislative purpose of alienation, damage government credibility and harm caused by frivolous lawsuits and then analyse the cause of these phenomena, hazards from the perspectives of legal, institutional and administrative relative person on these phenomena.The third part is the reference of extraterritorial regulation misuse of information rights. First, the interpretation the legal basis of the regulation misuse of information right, which principle of prohibits the abuse of rights, principle of good faith, the principle of due process. Secondly introduce three legislative model of extraterritorial regulation misuse of information rights, from the perspective of the behavior of the application itself, applicant, applicant information, application behavior. Finally, introduce the United States' Secret Review, Japan's Information Disclosure Review Committee, Germany's Court Ruling and Litigation Case and other systems to provide reference for China to solve the abuse of the right to apply for disclosure of government information.The fourth part focuses on how to prevent and regulate the abuse of the right to apply for disclosure of government information. First educate citizens to express their demands rational and thus strengthen the ideological guidance for applicants through awareness of social responsibility of the applicant. Secondly, specific measures about regulate the abuse of the right to apply for disclosure of government information, such as clear the burden of proof, establish the specialized institutions, set up simple procedures of public administration, and so on. Finally, strengthen the legal responsibility through the development of detailed Regulation of the People's Republic of China on the Disclosure of Government Information and held liable for who abuse of the right to apply for disclosure of government information. Implementation Specification applicant's application behavior by held liable for who abuse of the right to apply for disclosure of government information, and improve government information disclosure system.