Research On The Reasonable Regulation Of The Abuse Of Application Right For Government Information Disclosure

The "Regulations on Open Government Information" ushered in revision in 2019.This revision responds to a series of urgent problems that have arisen after the establishment and implementation of the open government information system,including the phenomenon of applicants abusing the right to apply for open government information.Abuse of the right to apply for information disclosure is a behavior that does not use information disclosure but for the purpose of realizing personal gain,and repeatedly applies to government agencies for disclosure of information,and brings about multiple damages.It not only increases the pressure on administrative agencies for law enforcement,but also squeezes them.It suppresses the right space of other normal applicants,so it is an inevitable trend to clearly stipulate them.Through legislative regulations,administrative organs can implement the principle of administration according to law in practice,and legally restrict abuse of rights.However,it should be noted that the regulation of it cannot allow the administrative agency to obtain excessive discretion or allow other normal applicants to be directly rejected by this article.For this research,it is necessary to start with the regulation of the abuse of the right to apply,and rely on the applicable cases of this clause.First of all,starting from the background of the promulgation of the clauses,a legislative review of the current relevant regulations is carried out.The phenomenon of abusing the right to apply is mainly due to the citizens themselves,administrative agencies,and system design.This phenomenon has the characteristics of multi-quantity,repetitiveness,and impropriety,and it has brought many adverse effects.In order to curb this phenomenon,in practice,administrative agencies and judicial agencies have made some preliminary explorations and foreshadowing,and finally legislated clear regulations in 2019,and a supporting information disclosure fee system was established immediately.The legislation has responded to this.However,because the regulations are too general or there are doubtful places,a problem has appeared in practice.The divergence between the administrative agency and the court is mainly reflected in the vague quantitative standards for the determination of abuse,the doubtful implementation of the procedures for determining the abuse,and the differences in the review of the reasons for determining the abuse.The court’s focus has returned to the control of administrative power.The new clause gives the administrative agency discretion while failing to take corresponding measures to circumvent its abuse,which has brought about the emergence of new problems.The game between civil rights and administrative power in the field of application disclosure is once again out of balance,and the existing clauses need to be further improved.How to reasonably regulate the abuse of the right to apply should not blindly focus on restrictions on citizens’ exercise of rights,nor can it focus on the control over the exercise of discretion by administrative agencies.This requires a balance between the reasonableness of the applicant’s request in the information disclosure application and the work of the administrative agency.The relationship between legality.The research on this can take the "balance theory" in the administrative law as the theoretical fulcrum of the discussion,and seek a correct and reasonable way to regulate the specific implementation path of the citizen’s right based on the principle of basic rights restriction and the principle of administrative discretion.Therefore,the focus of the research is no longer on the phenomenon and regulatory methods before the provisions,but on the basis of the normative analysis and empirical analysis of the provisions;the purpose of the research is not only to legally and reasonably regulate the rights of citizens,but also to legally and reasonably control the administration.The discretion of the agency to prevent it from evading the obligation of information disclosure and even harming the legitimate rights and interests of citizens.On the whole,the problem of abuse of the right to apply should be integrated into the operation of the system for comprehensive consideration,emphasizing the overall solution of the regulation method,and taking the path of flexible procedure regulation as the leading factor to eliminate it in the procedure.The design and implementation of reasonable regulation of the abuse of application rights should first reduce the abuse of applications in the initial stage,so in the early application stage,it should be based on correct diversion,which not only requires administrative agencies to strengthen the construction of government information disclosure institutions.To do a good job in the initial classification,integration,and release of information,it is also necessary to improve the information processing fee charging system to make it play its due role in drainage.In the mid-term review stage,it is necessary to confirm the explanation of the reason as a necessary procedure and define an "appropriate" standard for it.At the same time,the deferred response procedure shall be refined and specified,the time interval shall be clarified,and it shall be in written form with the consent of the higher authority Inform the applicant of the time limit,reason and basis for delaying the reply.Finally,in the final decision-making stage,a joint assessment procedure can be added to further ensure that the final result of the abuse determination made by the administrative agency is within a reasonable range.In addition,in the end,out of the needs of reasonable regulation and administrative efficiency,in order to achieve the warning effect,a "information disclosure applicant credit evaluation system" can be established,so that relevant departments can register applicants who are identified as abusive.Administrative agencies that frequently apply can conduct checks on applicants suspected of abuse,but at the same time,pay attention to making them available to seek relief.Of course,if the administrative agency determines that the application right is abused,that is,the decision not to deal with it is denied by the court,the administrative agency also needs to bear the corresponding legal responsibility.So as to achieve the balance between civil rights and public power as much as possible.