Study On The Regulation Of Abuse Of Government Information To Open The Right Of Application

It has been more than ten years since the Promulgation of the Regulations on the Publicity of Government Information.The purpose is to protect citizens' right to know and establish a sunny,transparent,and efficient government.However,in practice,there are more and more abuse of the right to apply for public information of the government,wasting valuable administrative resources,crowding out the opportunity of normal applications,and completely deviating from the value of the disclosure of government information.We need to find out how to find the best balance between protecting the citizen's right to know and regulating the abuse of the right to apply.It is an urgent and practical problem to regulate the abuse of the right to apply for government information disclosure and to bring into play the real utility of government information disclosure.This paper probes into four aspects of the abuse of government information public application rights.In the first part,in view of the right of application as a kind of citizen's rights,from the abuse of rights,in the light of the consensus between the academic circle and the connotation of the abuse of rights,the author tries to derive the connotation and characteristics of the right to abuse the public information of the government.The second part summarizes the current provisions on the right to public application of information on the misuse of government information,as well as how the administrative and judicial areas deal with the abuse of the right to apply.The third part is to sum up the problems of the abuse regulation of the application right in the three aspects of legislation,justice and administration,respectively.in that field of legislation,the principal The main problems are: lack of identification standards for abuse of the right to apply for public application for government information,lack of a penalty mechanism for abuse of the right to apply,and low threshold for application.The judicial aspect mainly lies in the judge's large discretion,which often leads to the inconsistency of the way of adjudication,the inconsistency of the standard of factual determination and the fact that part of the courts are bound by the number of applications when determining the abuse of the right to apply.In the administrative aspect,there are some problems,such as the lack of information disclosure ability of administrative organs,the unsmooth channels of government information disclosure,the imperfection of administrative dispute resolution mechanism and the lack of effective supervision of information management mechanism.Finally,in view of the above problems,the author suggests that legislation should return to the legislative purpose of "regulations",clarify the main body of burden of proof for abuse,implement the system of public charges for application information and establish a penalty mechanism for abuse of application rights;In judicature,we should standardize the standard of fact identification,unify the way of adjudication,and issue typical cases.In administration,we should strengthen the publicity of government information,perfect the channels of government information disclosure,and construct the mechanism of dispute resolution and supervision.