On The Judicial Cognizance Of Abusing The Right Of Application For The Disclosure Of Government Information

The system of government information disclosure not only improves the transparency of government work,but also plays an important role in promoting government agencies to administer according to law and actively giving full play to the role of government information services.It provides convenience for the production,life and economic and social activities of the people.With the increasing public awareness of their own subject and rights,the desire to know,participate in,express and supervise government management and administrative law enforcement is becoming stronger and stronger.however,a small number of people abuse this right out of their own self-interest.Constantly apply to the administrative organs for information disclosure,in order to obtain government information for the superficial purpose,in order to seek some special interests for the actual purpose,so there is a phenomenon of abuse of the right to apply for information disclosure.Among them,the main body of the application from the individual to the group,the number of applications is not only increased and frequent,the content of the application is messy and irregular,the purpose of the application deviates from the legislative purpose of the regulations,abuse of the right to apply for reconsideration and litigation rights,and so on.This kind of abuse not only causes a great waste of administrative resources,increases the pressure of judicial trial out of thin air,but also runs counter to the original intention of the establishment of the right to apply for public information of citizens' government,and causes great damage to the seriousness of laws and regulations.In practice,the judicial organs have begun to judge and identify the abuse of the right to apply for information disclosure,and at the same time regulate it by means of adjudication and reasoning.However,according to the specific circumstances of different cases,different courts,different judges on the understanding of laws and regulations,on the abuse of the right to apply for identification standards,has been difficult to unify.On the other hand,if there is no clear boundary,it is easy to cause the abuse of judges' free jurisdiction,thus harming the legitimate rights and interests of citizens.Therefore,it is necessary to regulate the standards of judicial identification,within a reasonable framework,the abuse of the right to apply for judgment and identification,to regulate the abuse of the right to apply and regulate the abuse of discretion between the balance.