Identification And Regulation Of Misrepresentation In Government Information Disclosure Cases

Government information disclosure is an important means for citizens to obtain government information.As a kind of administrative lawsuit,the government information disclosure lawsuit is the last remedy to guarantee citizens 'right to know.However,the government information disclosure lawsuit started late in our country,and the relevant laws and regulations are not yet perfect.After the implementation of the Government Information Disclosure Ordinance in 2008,it is not uncommon for some counterparts to file a large number of applications for administrative disclosure and then file administrative proceedings.The judgment of Luhongxia v.Nantong City Development and Reform Commission's government information public reply case,published in the 11 th issue of the Supreme People's Court Bulletin in 2015,clearly pointed out that the plaintiff's behavior "belongs to a typical abuse of the right of action" and the administrative proceedings filed by the plaintiff are Obviously lacking the benefits of litigation and the purpose is improper.Contrary to good faith,contrary to the need to exercise the right of action.The case caused an uproar in the academic community about abuse.To this day,the concept of abuse in the judgment of the courts at all levels is still invoked in the absence of legislation.As for the identification of abuse of prosecution,there have already been findings of abuse of prosecution in the field of civil litigation in China.One is the introduction of the four elements of tort liability,and the other is the two elements that are dominated by the principle of honesty and credit.However,the identification of abuse in administrative litigation is still not systematic enough.China's administrative litigation is born out of civil litigation,so we can learn from the civil lawsuit to identify the elements of abuse of prosecution on the basis of the identification of abuse of prosecution.Through the means of identifying the abuse of litigation,the purpose of regulating the abuse of litigation is achieved.First of all,we need to introduce the phenomenon of abuse of opening the information of government,clarify the concept of abuse of government information disclosure,analyze Hewei's abuse of government information disclosure,whether we can use the concept of abuse of government information disclosure,and how the phenomenon of abuse of opening the information of government has arisen.What is the current situation? What is the form of abuse in government information disclosure cases.Secondly,to identify the abuse of prosecution,including the current judicial field how to identify the abuse of prosecution,which dispute there is,whetherthere is legitimacy.At the same time,using the method of comparative analysis,we refer to the identification of abuse of prosecution in common law countries and civil law countries,and the identification of abuse of prosecution in the field of civil litigation,and identify abuse of prosecution in the form of constituent elements.Finally,from the angle of administration and procedural law,the author tries to find a way to solve the abuse lawsuit in the case of government information disclosure.