The Abuse Of Right To Apply For Government Information Disclosure From The Citizen’s Perspective

The right to apply for government information disclosure is a supplement to government information initiative disclosure.This right is conductive to guarantee the right to know,the freedom of speech,and the right of supervision.The abuse of right is accompanied by the exercise of right,that is why there are some abusement of right,which violates the legislative intent of Regulation of the People’s Republic of China on the Disclosure of Government information.The abuse of right to apply for government information not only wastes administrative resources but also affects administrative authorities’ regular work,let alone the waste of judicial resources in prosecution.However,Regulation of the People’s Republic of China on the Disclosure of Government information has not been revised since May 1st,2008,and there are no supporting legislation,which worsens the situation of the Regulation.Moreover,judicial organs can not unify behavior standard and guarantee the effect of sentences,because of the lack of legislation.Therefore,to deal with the abuse of right to apply for government information disclosure,it is necessary to complete institutions and promote the practiceThis paper analyzes the abuse of right to apply for government information disclosure with legislations and sentences at present.It could be divided into four parts.The first part focuses on the right to apply for government information disclosure.The author holds that it is rooted in the right to know which is a fundamental right of citizens.That makes the right to apply for government information disclosure a fundamental right to a certain extent.Then,this paper justifies the legitimacy of governing from Prohibition of abuse of rights,Article 51 of Constitution of the People’s Republic of China,and the real damage.The second part introduces the representation and identification of the abuse of right to apply for government information disclosure.The author organized related legislations and sentences,from which he summarized the representation of abusement.Besides,there are three parts of identification,the subject element,the subjective element and the object element.The third part analyzes reasons of abusement,on the basis of legislations and sentences.Imperfect legislations,not-qualified administrative authorities,inadequate responses of judicial organs and cognition biases of citizens are sources of abusement.The fourth part is trying to make suggestions to regulate the abusement.The right to apply for government information disclosure should only be regulated by law on account of its characteristic of fundamental right.In addition,the author also makes suggestions to the amendment of Regulation of the People’s Republic of China on the Disclosure of Government information,to the capacity building of administrative authorities,to the promotion of responding by judicial organs,and to the correction of cognition biases,wishing to regulate the abusement at present.