An Empirical Study On The Obvious Improper Judicial Review Of Government Information Disclosure

In 2014,the administrative procedure law was amended to add "obviously improper" as the application of revocation judgment.At present,there are many researches on the obvious improper administrative punishment in the academic circle,but there is no systematic empirical research on the judicial review of the obvious improper disclosure of government information.Based on the analysis of the scope,basis,procedure and application of the revised administrative procedure law,it is found that there are different levels of examination,vague standards,obvious improper and other reasons for revocation in judicial review Confusion and other issues.In view of these problems,we should grasp the intensity of government information disclosure obviously inappropriate,clarify the review standard of government information disclosure obviously inappropriate,and clarify the relationship between obvious improper government information disclosure and other cancellation reasons.The paper is divided into three parts.The first part analyzes the judicial review status of 94 cases of government information disclosure,summarizes the scope,basis,procedure and application of these cases.The second part points out the problems existing in the judicial review of the obvious improper disclosure of government information,including the different strength of the review between the courts,the vague review standards,the confusion of obvious improper and other reasons for revocation.The third part puts forward solutions to the problems existing in judicial review of cases of obviously improper government information disclosure,grasps the examination intensity of obviously improper government information disclosure,clarifies the examination standards of obviously improper government information disclosure,and clarifies the relationship between obvious improper government information disclosure and other cancellation reasons.