Research On Regulation Of Government Information Disclosure Application Abuse

On May 15,2019,the “Regulations on the Disclosure of Government Information of the People 's Republic of China” made the first major revision in nearly ten years.The new “Regulations” were made in keeping with the times in response to the problems arising from the implementation of the “Regulations”Amendment,which particularly attracted the attention of the society is that the citizens 'large number of frequent applications for information disclosure are legally restricted.This article focuses on the case of citizens' abuse of the right to apply for government information disclosure from this perspective.The reason,and put forward relevant suggestions and countermeasures.China 's information disclosure system started late,and it has only developed for more than ten years.However,information disclosure involves all areas of citizen 's life.Citizens pay more and more attention to the right to apply for information disclosure,but at the same time,citizens abuse the right to apply.Phenomenon is not uncommon,however,no academic or practical recognition standards for the abuse of application rights have formed a unified understanding,so it is necessary to study this issue.The research ideas and steps of the paper are as follows:The introduction introduces the background and significance of the thesis topic,research status and research methods,among which there are many innovations by various scholars.The introduction starts with Lu Hongxia 's case and analyzes the progress and shortcomings of the case,which has caused various scholars to think differently about such cases.In the second part of the introduction,the author chooses the typical practices of several countries outside the territory.Among them,the legislative model of case law in the United Kingdom,the model of administrative reconsideration adopted by the United States,and the similarities in legislation between South Africa and New Zealand all use rejection.The way it is handled.Combining with the actual writing needs,this paper mainly adopts the methods of literature data analysis,empirical analysis,and inductive analysis for the research methods.The second chapter analyzes the connotation of the abuse of the right to apply for government information disclosure,and defines this definition from different perspectives: first,it analyzes the meaning,specific measures and different theoretical foundations of government information disclosure according to the application;then it discusses the rights The different theories of abuse finally transition to the specific meaning of the abuse of the right to apply for government information disclosure.The definition of the abuse of the right to apply,the determination of the result of damage,and the interpretation of the definition of the reason,quantity and frequency of the application explain this definition.Instructions.Chapter three selects 12 typical cases in judicial practice,analyzes the different judgment angles of the courts on these cases,summarizes the similarities,and analyzes the general characteristics of the abuse of the right to apply for government information disclosure.Chapter four mainly analyzes the reasons for the abuse of the right to apply for government information disclosure.This article analyzes from different angles,including the lack of legal texts,the inadequate capacity of administrative agencies,the inconsistency of judicial organs' recognition standards,and the problems of citizens themselves.It is expected that from the cause analysis,the abuse of the right to apply for government information disclosure should be proposed.Recommended measures.The fifth chapter aims at the problems in reality,and puts forward suggestions for regulating citizens' abuse of the right to apply for government information disclosure.The first thing that needs to be clarified is the basic legal principles and the spirit of law in dealing with this issue.This article lists the principles of legal reservation,proportionality,and procedural principles;secondly,it needs to be improved in legislation: on the one hand,it is urgent to raise the level of law,On the other hand,the legal content needs to be more specific and clear;in the end,this paper also puts forward corresponding suggestions for improvement.