On The Cognizance Of Abusing The Right Of Application For Government Information Disclosure

Since the enactment and promulgation of the Regulations of the People’s Republic of China on Government Information Disclosure,there have been specific and clear guidelines for information disclosure in China.On the one hand,it will help the public exercise their right to know,and on the other hand,it will help build a transparent,efficient,convenient and serviceoriented law-based government.However,the implementation of a system is bound to be unsatisfactory,and the phenomenon of some citizens abusing the application right is constantly emerging in practice.To curb this trend,China revised the regulations in 2019.However,it can be found that there are still some disadvantages in the current cases of abuse of application power,such as different identification standards and unreasonable examination content.To judge whether the behavior of "abuse of application right" is established,we need to consider the subjective purpose,objective behavior,damage consequence and causality from a comprehensive,developmental and objective perspective.Specifically,the subjective purpose is explored from the aspects of whether the application quantity and frequency are reasonable,whether the application content is legal,whether the application form is legitimate,whether the application purpose is legitimate,and whether it conforms to the legislative purpose of the Regulations.The degree of abuse is measured from two aspects:application method and content.Judging the result of serious damage caused by abuse behavior based on the principle of moderation and proportion;Comprehensive consideration should be given to the causal relationship between abuse behavior and serious damage consequences;Each measure is rigorously defined to prevent expansion.We will uphold the principle of prudence,improve the identification standards for abuse of application power,protect the rights and interests of the public,and give full play to the effectiveness of the government information disclosure system.