Research On The Behavior Identification And Regulation Of Abusing The Right Of Application For Government Information Disclosure

Since the implementation of the Regulations on Disclosure of Government Information in 2008,the system of disclosure by initiative and by application has been deepened in practice,which provides a strong guarantee for the people’s right to know and promotes the administration by law and the construction of efficient and service-oriented government,showing the system value of government information disclosure.However,in the practice of public life,with the rapid development of society,while the amount of applications for government information is increasing year by year,the abuse of the right to apply for government information occurs from time to time,and has become increasingly fierce,resulting in a great waste of administrative and judicial resources.Therefore,from the perspective of properly utilizing public resources and interest balance,it is imperative to prudently identify and effectively regulate the abuse of the right to apply for government information.This thesis analyzes the current situation of the abuse of the right to apply by using the methods of literature research and case analysis,focusing on the identification and regulation of the abuse of the right.Through the study of typical cases and judgment,combined with the relevant investigation and evaluation results,it points out the causes of the abuse of the right to apply and some problems in the current identification and regulation.This thesis holds that the abuse should be identified by the administrative organs in strict accordance with the due procedure in the new regulations,based on the comprehensive consideration of the application.Meanwhile,the administrative organs should actively explore the identification standard of abusive behavior.In terms of regulating the abuse,the administrative organs should expand the scope of active disclosure and strengthen the construction of information disclosure platform.The State Council should carry out administrative interpretation of the new regulations,and also formulate the charging standard of information processing fee for abusing the right of application;the legislators should clearly empower the administrative organs to make initial judgments,and improve the level of government information disclosure legislation;the judicial authorities should increase the pre-litigation communication procedure and the Supreme People’s Court is supposed to regularly launch relevant guiding cases.In short,through the above composite strategies,we can better guarantee the orderly disclosure of government information.