Regulation Of Abusing Government Information Disclosure Application Right

One of the most important systems in a modern country ruled by law is the government information disclosure system,which has positive significance for guaranteeing citizens’ right to know,supervising the operation of public power,and perfecting service-oriented government.The government information disclosure system established in 2008 is a milestone in the history of the development of citizens ’right to know in China.Government information,which is closely related to social life,gradually enters the public eye.Overall,the implementation of the system has achieved outstanding results and remarkable results.Although the ultimate goal of establishing a government information disclosure system is to safeguard citizens’ right to know,their development is not without hindrance.For more than ten years,due to unclear legal regulations,inconsistent judicial decisions,and insufficient administrative disclosure and administrative relief,various situations have been caused and contributed to the abuse of the right to apply for information disclosure.Very few applicants regard information disclosure as a tool for obtaining private benefits,and exert pressure on government departments through repeated,numerous and complicated improper applications.Subsequently,administrative and judicial remedies were exhausted,affecting the normal working order of state organs and seriously damaging public interests.In the long run,on the basis of guaranteeing the right to know,it is of great significance to prevent the abuse of the right to apply for government information disclosure.This article will analyze from four aspects,trying to find effective countermeasures to regulate the abuse of application rights.The first aspect mainly analyzes the connotation and purpose of government information disclosure,and summarizes the performance of abuse of application rights and the necessity of regulation in combination with actual cases.The second aspect focuses on the analysis of the factors that lead to the frequent abuse of the right to apply for information disclosure.It is summarized from the three perspectives of legal norms,judicial judgments,administrative disclosure and relief,mainly including unclear legal norms and lack of institutional response measures;judicial recognition There are many standards for the abuse of application rights,greater discretion,and inconsistent ways of closing cases;the lack of wide-ranging administrative information disclosure,poor channels,and poor administrative relief mechanisms.The third aspect studies the current regulatory status of abuses in the legislative,judicial,and administrative fields in China,clarifies the disclosure limits,and expands the scope of active disclosure;the courts consider both the abuse of application rights and the right of prosecution;government information disclosure is the norm,and abuses are established.The administrative information disclosure blacklist will not answer measures such as repeated applications.The fourth aspect,on the basis of the existing regulatory measures,further proposes that in legislation,it stipulates the advancement of administrative reconsideration and improves the government information disclosure charging system;in terms of justice,it regulates the specific standard requirements for the abuse of application rights and strengthens case guidance;Administratively,it is necessary to strengthen the active disclosure of government information,smooth the relief channels for information disclosure application rights,improve the corresponding supervision mechanism,and guide citizens to apply rationally and other reasonable regulatory measures.