Research On Abuse Of Government Information Cases

The "Regulations on the Openness of Government Information" was officially introduced in 2008,and its promulgation is of great significance.It is conducive to better safeguarding the public's right to know and to play a role in supervising the government's administration according to law.The newly revised "Regulations" will be implemented as of May 15,2019.However,the "Regulations" also have some drawbacks: the principled provisions are too much,and the content of judicial regulation is lacking.In practice,a very small number of parties use this "vulnerability" to abuse the government information disclosure right,which not only plagues the judicial order,but also to some extent depletes the administrative and judicial resources that were originally "stretched".In 2015,the Supreme Court issued the “Lu Hongxia Case”.The case is the first case in China to explain the abuse of litigation rights in government information disclosure litigation.The significance of its reference is mainly reflected in the regulation of abuse of litigation rights.This paper stands in the perspective of the abuse of the right to appeal,outlines the relevant theories of abuse of the right to appeal,and combines the case analysis to analyze the current abuse of the right to appeal in the field of information disclosure.Under the premise of analyzing the specific cases,it clarifies the necessity of restricting the abuse of information disclosure,and In the field of government information disclosure,the issue of regulation is proposed to better solve the problem of abuse of the right to sue in government information disclosure.It provides a reference for the future regulation of abuse of the right to appeal.Starting from the "Land Case",this paper analyzes other cases,adheres to the problem orientation,first analyzes the concept of abuse of the right to appeal,and combines the case analysis to analyze the current abuse of the right to appeal in the field of information disclosure,and clarifies the necessity of restricting the abuse of information disclosure.On the basis of the abuse of rights and the abuse of the right to appeal,the authors put forward specific regulatory recommendations in a targeted manner,and hope to better solve the problem of abuse of the right to appeal in government information disclosure cases.