The Research Of Litigation Rights Abuse In Government Information Disclosure Cases

The government information disclosure system is the product of the development of modern administrative law.The system has become the focus of scholars at home and abroad,for it plays an important role in protecting the citizens' right to know and creating a new type of government governance system.However,on the basis of statistical analysis of the current administrative litigation cases in China,it can be seen that government information disclosure cases occupy a large proportion in the whole litigation system.At the same time,there are also some citizens have abused the litigation rights,which result in the damage to public interests.The constituent elements of the litigation rights abuse have not been explicit stipulated in our current laws and regulations.Therefore,in order to help the people's court to hear cases of litigation rights abuse in the field of government information disclosure,the author will determine whether the parties constitute the abuse of litigation rights mainly from four aspects,such as the exercise of rights,the subjective malice,the interest of litigation and the result of the damage.This is based on the identification of the litigation rights' nature.At the same time,the results will combine the mature legal experience of foreign countries and the judicial case that the parties who are considered to abuse the litigation rights by the court in China.In the administrative litigation,the administrative organ as one of the parties in the proceeding is the representative of the national public power,which lead to the protection of citizens' litigation rights as a priority task in our administrative litigation system.The academic discussion of administrative litigation rights is more focused on how to build a complete system to protect it.However,once the exercise of rights beyond the proper boundaries,deviate from the spirit of legislation and the essence of rights,it will result in the exercise of rights into abuse.While the phenomena of abuse in government information disclosure cases will not only waste the public resources,but also alienate the government information disclosure system,weaken the judicial authority and credibility.For the litigation rights abuse which deviates from the modern rule of law notion,we must take appropriate preventive and regulatory measures.In view of the current focus is to protect the citizens' right to know and administrative litigation rights,we must be cautious when we determine that the parties abuse the litigation rights.We also should adhere to the principle of legal retention and due process when we take regulatory measures,and we must ensure that the appropriateness of the measures does not in turn violate the fundamental rights.The author will also clarify the reasons of the litigation rights abuse in the government information disclosure cases.In order to guide citizens to exercise the administrative litigation rights rationally,we will adopt a approach which is mainly by the perfection of government information disclosure system and the expansion of citizen rights relief.Certainly,it is also necessary to take advantage of the judicial activism,strengthen the judge's power of investigation moderately and specify the legal liability system of the litigation rights abuse,so as to provide preventive measures that can be learned,when there is a situation of litigation rights abuse in practice.