Information Disclosure And Abuse Of Lawsuits And Its Legal Regulations

In the field of administrative law,not only the power should be limited,but also the right.To a large extent,the rights that are not restricted will not only impact the system itself,but also seriously affect the purpose and operation of the legal system.Since the implementation of the registration system,there have been a large number of abuse of rights in the field of information disclosure in China,which has caused a great degree of pressure on the operation of the information disclosure system and a great burden on the judiciary and administration.Therefore,how to define the boundary between rights and powers and how to break through the abuse of rights in the face of information disclosure has become an important research topic.In fact,when we observe the abuse of information disclosure rights,we will find that there are generally two problems when people apply for government information disclosure: one is too high expectation.Since the implementation of information disclosure system in 2008,China has opened a milestone in the protection of citizens' right to know.In the process of the operation of the information disclosure system,various government departments make a high-profile promotion of the system However,at the same time,the scope,object and standard of information disclosure are often questioned.It can be said that the gap between the high expectations of the people and the implementation of the system is like a magic spell.The second is the disorder in the field of information disclosure.Firstly,it is reflected in the disordered application of the applicant(for example,the applicant filed a large number of repeated applications to the same department or different departments on the same matter,and the application content is arbitrary or unclear),secondly,it is reflected in the willfulness of the government departments to the open standards,and there is no detailed basis for what can be and should be disclosed.On the one hand,it reflects the reality that China's information disclosure system is in the primary stage,and on the other hand,it implies the deep texture of the entanglement between the old and the new problems in China.In the face of these problems,this paper focuses on the practice of the system after the implementation of the registration system in 2015,and analyzes the abuse of litigation in the field of information disclosure from three aspects: the applicant,the administrative subject and the system.At the same time,it puts forward its own suggestions on the abuse of litigation in legislation,system and other aspects.