An Analysis Of The Case Of N Municipal Government Information Disclosure

With the enhancement of the people’s rights consciousness,there are various phenomenons about rights protection,resulting more and more administrative litigation cases year by year,which bring unprecedented pressure to the judicial organs and administrative organs.The imperfect legislation and principle legislation makes the administrative organs and the judiciary often fall into the difficult position of the applicable law in dealing with administrative disputes,which not only does harm to the citizens’ exercise of rights and leads to the waste of administrative and judicial resources,but also causes the abuse of private rights or arbitrary abuse of public power,which makes the relationship between the executive authorities,the judiciary and individual citizens more tense.Regarding to the government information disclosure,Our country persists in bLuilding a law-based government,actively advocating the public power enforcement in the sunshine office,making the government information open toward the people,in order to accept the supervision of the people,enhance the credibility of the government and narrow the gap between the government and the people.However,the administrative legislation of our country is not perfectly enough,considering to the numerous and complicated people’s lives,the administrative legislation lacks legal regulation to some people’s lives,which leads the administrative organs and the judicial organs to exercise arbitrary discretion.at the same time,the citizens also carry out " seesaw battle" with the administrative organs and the judiciary because of law imperfection,which is harmful to the development of society.The Regulation of Government Information Disclosure has some problems,such as the government information disclosure being imperfect,and the legal provisions being too principle.these problems lead to the opposition between citizens and government organs or judicial organs in the government information disclosure,the author thinks that it is necessary to improve relevant legislation,and put the government information on the pathway of the law,so as to better protect the citizens’ right to know.In this case,Taking Lu Yunxia v.Nan tong municipal Development and Reform Commission in the government information disclosure as an example,The author firstly states the court,Secondly analyzes the judgments,then defines the abuse of civil government information disclosure,and analyzes the legitimacy and rationality of court judgments.finally,some suggestions are proposed to regulate the abuse of government information disclosure.