Comments On The Case Of Lu Mou Suing The Government Information Disclosure Of A Municipal Development And Reform Commission

The development of the government information disclosure system in China was short,and it was not until 2008 that the state officially promulgated the "Regulations on the Openness of Government Information." The main purpose of the regulations is to protect the right of citizens,legal persons and other organizations to obtain relevant government information,fully demonstrate the government's administration according to law in the sun,and accept the concept of public supervision.However,most of the regulations focus on the protection of citizens' rights and interests and neglect the exercise of rights.limit.Therefore,with the development and changes of social practice,some of the perpetrators who abuse their rights to obtain their own interests have begun to appear,which has caused difficulties for China in how to regulate the right to apply for government information disclosure.Secondly,with the revision of China's Administrative Procedure Law The establishment of the registration system for registration has changed the situation of difficulty in filing cases in the past,but it has also led to the emergence of many abuses,and most of them focus on the field of government information disclosure.In the typical case of the government information disclosure system--Lu Moumou v.City Development and Reform Commission government information public reply case,the second instance court upheld the first-instance ruling.The court held that the prosecution of the parties did not have the interests of the litigation.The conduct violated the principle of good faith,transcended the boundaries of the exercise of rights and in order to protect the interests of other parties,and found that there was abuse of rights in Lu Moumou,and the abuse of the right to apply and abuse of the right to appeal A certain degree of inductive enumeration,and finally made a ruling that rejected the parties' prosecution and imposed restrictions on the right to appeal.This case is a milestone in the case that there is no substantive law in China,and it restricts the parties'application of the government information disclosure and the right to appeal in the future.This paper firstly sorts out the case,explains the behavior of Lu Moumou and finds the focus of the case and the basis of the people's court.Secondly,it discusses the disputes in the case from the theoretical level,that is,how to judge the abuse of the party.Whether the government information application right and administrative litigation right and the court can restrict the applicant's application right and appeal right according to the nature of the party's behavior and past performance without the substantive law,and finally give the perfection of government information disclosure based on the knowledge we have learned.