On The Abuse Of Litigation Right And Its Regulation In Government Information Public Litigation

The abuse of the right to sue in administrative litigation not only violates the original intention of the right relief established by the right to sue,but also wastes limited administrative and judicial resources and disrupts the orderly operation of the judicial order.Since the "Lu Hongxia case",the abuse of the right to sue in administrative lawsuits,especially government information disclosure lawsuits,has started to attract the attention of the practical and theoretical circles.But looking at the existing results,both theoretical and judicial practices have failed to respond effectively to this issue.Today,there are basic issues such as the concept of abuse of rights,identification standards,and regulatory mechanisms in government information disclosure litigation.None are clear.This article attempts to address this realistic problem,combining the existing results of judicial practice and theoretical research,and puts forward suggestions on the identification standards and specific regulatory measures for the abuse of the right to sue in government information disclosure litigation.The main contents of this article include:The first chapter is the basic theoretical part of the article.It mainly clarifies the related concepts involved in the research,and discusses the actual performance and harm of the abuse of the right to sue in government information disclosure litigation.Abuse of rights occurs when the actor enjoys the rights but fails to exercise them properly.Based on the relevant provisions of the "Regulations on the Disclosure of Government Information" and the "Administrative Procedural Law",combined with specific judicial practices,abuses in the disclosure of government information can be abused.The action of right of action is defined as: the parties have the right to sue according to the law through the application of government information disclosure,but subjectively,intentionally,contrary to the legislative purpose of government information disclosure and administrative litigation,repeatedly entangled courts and administrative agencies to pursue illegal interests,exceeding the necessary limits Acts that cause obvious harm.Combining relevant judicial cases,this article divides the actual performance of abuse of litigation rights into repeated types of non-actionable cases,repeated litigations against settled cases,malicious litigations that deviate from legitimate purposes,and other unjustifiable litigations.The proliferation of abuses of litigation rights means not the awakening of awareness of civil rights,but the waste of judicial resources,the obstruction of the smooth implementation of the government information disclosure system,the destruction of judicial authority,and the disruption of the normal operation of courts and administrative agencies.Therefore,it is necessary and urgent to regulate it.The second chapter mainly discusses the specific reasons for the abuse of the right to sue in government information disclosure litigation.To find out the reasons for frequent abuse of the right to sue in government information disclosure lawsuits,we can find the right remedy and find effective and targeted regulatory measures.The causes of frequent abuse of litigation rights in government information disclosure litigation are complex.Firstly,compared with the traditional administrative litigation,the specificity of government information disclosure litigation objectively facilitates the occurrence of abuse of litigation rights.Secondly,at the objective level,such as unknown legal liability,low litigation threshold,and low litigation costs,etc.Institutional incentives that lead to frequent abuses of litigation rights.Finally,from the perspective of the abuse of litigants themselves,internal reasons such as the lack of rational litigation views and improper litigation purposes are also one of the important reasons that cause frequent abuses of litigation rights.The third chapter discusses the identification standard of the abuse of the right to sue in government information disclosure litigation.Scientific identification standards are a prerequisite for effective regulation.In summary,at present,whether it is academic research or judicial practice exploration,the response to the problem of the abuse of the right to determine standards in government information publicity litigation is not ideal.There are inconsistent standards,improper standards,and disconnected theory and practice.Problems,it is urgent to build more reasonable standards.Based on the logical premise that a person with rights can abuse his right,the determination of the right to sue can be divided into two steps.The first step is to determine whether the party has the right to sue,mainly from the plaintiff’s qualifications and the interests of the suit.The second step is to determine whether the parties ’right to exercise the right of action is justified on the premise that the parties have the right to sue.This is mainly a comprehensive consideration from the parties’ subjective,purpose and results.The fourth chapter is based on the specificity of government information publicity litigation,combined with the specific circumstances of judicial practice,and drawing on successful experiences outside the territory,trying to give specific suggestions on the regulatory measures for the abuse of the right of action in government information publicity litigation.In the litigation of government information disclosure,the frequent causes of abuse of litigation rights are multiple and complex.Therefore,in terms of specific regulations,a multiple regulatory mechanism should be adopted in parallel.This article attempts to achieve effective regulation of abuse of litigation through the combined effects and joint efforts of multiple mechanisms such as affirming the invalidation of abuse of litigation,strengthening the legal liability mechanism of abuse of litigation,and supporting mechanisms that integrate the regulation of abuse of litigation.