On The Prevention Of The Abuse Of Government Information Disclosure

Professor Ying Songnian,a famous administrative jurist,said that government information disclosure is the foundation of all administrative legal systems.The "Regulations on the Openness of Government Information" came into effect on May 1,2008,providing legal protection for citizens’ right to know for the first time.Information disclosure was first defined as the government’s legal obligation and set up a bridge between the government and the people..However,since the implementation of the "Regulations" for ten years,there are still many problems in practice.The "China Rule of Law Government Development Report" issued by the China University of Political Science and Law’s Institute of Rule of Law in April 2017 shows that it has been more prominently reflected in practice in recent years.One problem that arises is that the right to apply for information disclosure is overused by a few people.They have repeatedly filed applications for information disclosure with the government,filed relevant lawsuits with the courts,and used the government information disclosure system as a means of seeking private benefits.Most of them were concentrated in the fields of land resources and urban management.Therefore,the problem of abuse of the right to apply is urgently needed to be resolved,and the abuse of the right to apply for the right to be bound at the legal level.In the first chapter of this paper,the performance of abuse of application rights is sorted out.Based on the current situation of abuse of application rights,the author attributed the abuse of application rights to the fact that the relevant legal provisions on existing information disclosure are not clear enough,and the abuse of application rights is not restricted at the legal level.And the restrictions and the actual administrative disputes of the applicant have not been properly resolved.The author believes that the waste of administrative resources,the alienation of information disclosure system,and the abuse of administrative litigation are three hazards of abuse of the right to apply.The second chapter describes the basic criteria for measuring the abuse of application rights.Retrieve and screen out the typical cases of abuse of application rights and compare the judgment documents,sort out the judgment elements of abuse of application rights injudicial practice,and positively evaluate the abuse of standards of application in judicial judgment from the subject and content determined by the standards.And negative evaluation,further clarify that standards should be determined at the legislative level as soon as possible,and respond positively.The third chapter proposes the prevention of abuse of the application right based on the previous discussion and the experience of the abuse of the application right in the field.The author proposes some preventive measures at the legislative and administrative levels to achieve restrictions on the abuse of the right to apply.