Legal Regulations That Abuse The Right To Disclose Government Information

Government information disclosure is an important way to promote open government affairs and build a sunny government.It is an obligation of the administrative organs to citizens and an important way to achieve democracy and the rule of law.Most countries in the world have realized the protection of citizens' right to know by establishing a government information disclosure system.In response to the needs of the development of the times,China established the information disclosure system in China in 2008 and fully implemented the Regulations on Ihe Openness of Goverrunent Information of the People's Republic of China.After ten years of practice,the government's information disclosure has achieved remarkable results,guaranteed citizens' right to know,standardized the government's behavior of public information,and established a more transparent government,which is in line with contemporary administrative law to control government power and protect citizens' rights.Ideas help to achieve democratic participation.With the implementation of the system and the development of the times,the problems have gradually surfaced.Since the current legal norms do not restrict citizens' right to obtain government information,citizens' abuse of government information disclosure rights reduces administrative efficiency,hinders the normal work of administrative organs and courts,and brings unnecessary problems to administrative organs and courts.The trouble has caused a waste of administrative and judicial resources.At present,the Regulations on the Disclosure of Government Information have been revised and completed.How to more accurately characterize citizens' abuse of the right to disclosure of information under the circumstances of law is the main purpose of this article."Lu Hongxia v.Nantong City Development and Reform Commission" was published in the"Supreme People's Court Gazette",which has aroused widespread concern from all walks of life.For the first time,the court tried to restrict the abuse of information disclosure rights by citizens without the restrictions of legal rules.From this case,it is not difficult to see the attitude and determination of the Supreme People's Court to regulate this behavior.Under this premise,the academic and practical circles have conducted in-depth discussions on the abuse of the right to disclose information.The courts at all levels have begun to refer to the case of the communique for the case of citizens abusing the right to disclose government information.This article starts fron the "Lu Hongxia" case and is mainly divided into three parts:In the first part,the abuse of information disclosure rights is subdivided into abuse of application rights and abuse of rights of action,and the specific content and criteria for the abuse of government information disclosure rights are clarified.The second part compares the response patterns and regulatory models of other countries in the face of similar situations and summarizes the foreign systems.The third part,based on the reasons for the problems,draws on relevant foreign experience,and puts forward corresponding suggestions on how to regulate the abuse of information disclosure rights based on the actual situation in China.