A Study On The Regulation Of Abnormal Application Of Government Information Disclosure

The concept of information disclosure shall apply for non normal from the summed up in the empirical feature analysis,through empirical research on administrative reconsideration in recent three years in Shanghai city public information field decision,analyzes the current situation of the regional information disclosure,and concrete to the application and related litigation in a typical demonstration of non normal applicants the analysis,then obtains the characteristics of non normal application should include the main application are related or interests,for the continuity of time,content,application procedures for obvious repeat with the four characteristics of the following serial litigation.Non normal applications should be attributed to the government information disclosure system in the implementation of a class of applicants for core interests,with the family as the main unit,the frequent application of information disclosure way to achieve the purpose of dispute solution and offbeat administrative procedures and administrative resources caused by idle wasteful behavior.This kind of behavior will cause the administrative organ and the judicial organ to be troubled,also further intensified the administrative opposite person to be opposite.The text for the city of Shanghai and the empirical "government information disclosure regulations" analysis,to further explore the causes of non normal application,the legislative purpose and the absence of a clear system of "government information disclosure regulations",legal regulation,which leads to abnormal application.Specifically,the causes of abnormal applications include the relevant system defects,the implementation of the administrative organs of the system,the core interests of the applicant to solve the channel blocking these three aspects.The relevant system including the "Regulations" in the active open system,three terms and file reading system;the executive is also there is a lack of disclosure system implementation and Application guide mechanism,for the typical applicant information sharing between different administrative organs in blank state.These factors have led to the formation and spread of abnormal applications.As the concept of Sociology of law in the implementation of the information disclosure system and the judicial practice,it is necessary to analyze it from the perspective of jurisprudence.The application of non normal regulation shall be based on the relevant theory and the limited rights to exercise the right to apply the information,is the embodiment of the right to know the information disclosure system,as the rights of citizens,when the exercise exceeds the limits of necessity,the cause of public resources has long been a part of human occupation,will lead to fair and reasonable distribution of administrative resources dispute.At this time,there is a risk of abuse of the right to information application.Due to the repeated application of the current information disclosure applications are often associated with repeated litigation,so the practice of the tendency of the non normal application and the identification of the standard of abuse of the merger discussion.For the specific identification of abuse of the right to apply for and the right standard in judicial practice,can learn from the British case law "entangled application" and considering the fact that the interest of litigation theory,including the effectiveness of the two for the purpose of legitimacy and application.After the clear and specific standards,the need to explore the mode of regulation,according to the foreign experience the freedom of information act is divided into exclusion acceptance procedure regulation,elastic procedure regulation of two categories,the former mainly refers to the legislation or the judicial precedent guidelines will apply directly to exclude non normal acceptance;the latter mainly refers to the acceptance of the application for the extension of time for processing program at the expiration of the time limit for application or implied rejection procedures,and the current through the case to explore the path of judicial regulation,but there is controversy.In the future we should design from the three aspects of judicial regulation,legislative improvement,administrative dispute resolution.In the judicial regulation,the investigation should be clear judicial organ and the reconsideration organ for non normal application related litigation evidence and review found that the division of authority,and strengthen the information communication;in the improvement of legislation,the future should explore the malicious application acceptance system and application steps out the charging system,to stop obviously the malicious application,in addition to refine the "non disclosure clause must also clear boundaries,and the file access information disclosure,strengthen application guide mechanism construction.In the administrative regulation,the main core of the dispute to resolve multiple channels and the application of non normal cases of information sharing across departments.