Identification And Regulation Of Abuse Of Litigation Rights In Government Information Disclosure Litigation

The "Regulation on the Disclosure of Government Information" promulgated and implemented in 2008 has provided an important legal basis for safeguarding the public’s right to know and supervising the government’s administration according to law.The "Regulation" has powerfully advanced the process of administrative rule of law.However,due to the crude content of the "Regulation on the Disclosure of Government Information",the lack of flexible review rights of administrative agencies and the inadequacy of the judicial system,some parties have abused the right to apply and sue on government information disclosure.This has disrupted the administrative and judicial order,greatly wasted limited administrative and judicial resources.2015,"Lu Hongxia Case"(hereinafter referred to as "Lu case")is considered the first case of regulating the abuse of rights to sue government information disclosure,which provided a useful reference for future regulation.The judicial decisions on the "Lu case" made by The Gangzha District People’s Court of Nantong City was worthy of recognition in judicial activism.However,declaring Lu Hongxia’s lawsuit behavior as abuse of the right and implementing sanctions such as aggravating burdens of proof,limiting the right to appeal,etc.in the absence of legal provisions are worth discussing and discussing,which indeed exist legal risks.This article combining the "Lu case" and other typical cases,from the perspective of the problem,specifically elaborate the relevant theory of litigation rights abuse and proposes targeted regulations,in order to better recognition and regulation of litigation rights abuse in government information disclosure.