Research On The Abuse Of Litigation Right For Government Information Disclosure Case

As a result of the continuous advancement of the reform of the registration system of filing cases,the lowering of the threshold of administrative litigation,the number of administrative cases has been significantly increased,And in the public cases of government information,the types of cases are concentrated,mostly for the disassembly and resettlement disputes,land expropriation and compensation disputes,and so on,which are related to important interests.And often the same person intensively filed a large number of applications and initiated litigation,which has to make us wonder whether this is a legitimate exercise of rights,or to exploit the law of abuse of the right of action.However,the public system of government information involves the protection of citizens' right to know,and it is also an important way to supervise the administrative acts of the government.When the law has not been clearly stipulated,how to distinguish the two,make a fair ruling,and the court is in a dilemma.In practice,the court actively explores the determination of abuse of the right to appeal,but there are also problems of different standards.How to correctly distinguish the legitimate exercise of the right of action from the abuse of the right to appeal,in the following paragraphs.This issue is to be studied through a five-part framework.The first part starts from the basic outline of the abuse of the right to appeal.Firstly,it expounds the relationship between the abuse of information disclosure right,the abuse of information disclosure right and the abuse of information disclosure right in government information disclosure,this paper argues that in the field of government information disclosure,the abuse of the right to apply for government information disclosure and the abuse of relief rights will eventually translate into abuse of the right to appeal.Therefore,only a clear definition of what is abusive behavior can fundamentally combat this abuse ofrights.next,it expounds the basic theory of the abuse of the right to appeal and the right to appeal,so as to have a better grasp of the concept of abuse of the right to appeal.In the second part of the article,the current situation of the abuse of the right to appeal in the case of government information disclosure and the treatment of the current court.The phenomenon of abuse of the right to appeal has appeared more and more,and the court has responded to the abuse of the complaint.Therefore,in this part,we mainly sort out the relevant cases in practice and classify them into four major types of cases that cause abuse of the right to appeal.At the same time,the court's logic and basis for reviewing the abuse of the right to appeal in these cases are summarized as the elements of the eight major courts that determine the abuse of the right to appeal and evaluate the practices of the courts mentioned above.The third part of the article,based on the existing problems in the second part,firstly looks for the legitimate basis to regulate the abuse of the right of action in the case of government information disclosure.This paper argues that this problem should be considered in the legal relationship of the public litigation of government information,that is,to deal well with the relationship between private rights and public rights(here mainly refers to the individual rights and the maintenance of public order).It is also necessary to deal with the relationship between the judicial power and the executive power within the public power.On the basis of finding the theory of regulating the abuse of the right of action,the fourth part of the article further puts forward how to construct the system of cognizance of abuse of the right of action.In this paper,the author thinks that first of all,we should grasp the boundary between the abuse of the right of action and the proper exercise of the right of action,and give out the principles that the court should adhere to when the court determines the abuse of the right of action macroscopically: first,follow the principle of prudent cognizance,second,follow the principle of minimum scope;Third,follow the principle of due process.In the specific cognizance process,the court mainly considers whether the parties have subjective malice or not,and objectively whether there is abuse of the right of action.At the end of the article,This article believes that the abuse of the right to appeal is not accidental,which is related to the government's information disclosure system,the improvement of legal provisions,and the operation of the system.In order to effectively alleviate the abuse of the right to appeal,the recommendations are made from the perspectives of legislation,administration and justice,with a view to reducing the abuse of the right to appeal.The innovation of this paper lies in the use of the case analysis method,and the base of the case is relatively large,so it is more comprehensive to grasp the current way of handling the court.In order to better protect the rights of the parties,it is necessary to clearly identify the abuse of the right of action and follow the boundary between the proper exercise of the right of action and the abuse of the right.