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

Since the establishment of government information disclosure system in 2008,it is of great significance to promote the transparency of government information,to promote law enforcement personnel to administrate according to law and to protect citizens' right to know and supervision.In the 11 years of orderly practice,some parties abuse the right to apply for information disclosure and the right to sue,and then file a large number of lawsuits to the court after filing a large number of information disclosure applications,creating pressure in disguise to obtain improper interests.After the implementation of the registration system,the situation is more serious.This kind of behavior not only increases the workload of administrative organs and judicial organs,but also disturbs the normal judicial order,so it is necessary to regulate this behavior.In the judgment of "Lu Hongxia v.Nantong Development and Reform Commission government information disclosure reply case" published in the 11 th issue of the Gazette of the Supreme People's court in 2015,it is pointed out that the plaintiff's behavior "is a typical abuse of the right of action,the administrative litigation brought by it obviously lacks the interests of litigation,its purpose is improper,it is against integrity,and it is against the necessity of exercising the right of action".The publication of this case has raised the attention of all walks of life to the abuse of action.In the absence of legislation,local judicial organs continue to explore the recognition standard and regulatory path of the abuse of action.This paper attempts to make statistics and classification of 775 cases of abuse of litigation documents on the "China judicial document network" from 2012 to September 10,2019.On this basis,it analyzes the characteristics of this kind of behavior,analyzes the reasons for the abuse of litigation rights,and expounds the harm of this behavior and the necessity of its regulation from three angles of public management,the people and the government's public power.Recognition is the premise,regulation is the means,and elimination is the purpose: on the premise of clarifying the concept of information disclosure and abuse of litigation,this paper puts forward "three elements" as the standard to identify information disclosure and abuse of litigation rights,and tries to establish a three-dimensional regulatory system to guide the sound development of information disclosure litigation.