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

The government information disclosure plays an important role in improving the transparency of government work,building a government ruled by law,and protecting citizens’ right to know.Under the circumstance that the initiative disclosure has not been fully covered,the application for disclosure has become a powerful guaranteefor the people to effectively obtain government information.However,the current phenomenon of citizens’ improper exercise of rights in the field of government information disclosure frequently occurs,some applicants regard their rights as a tool to realize their special interests,and intend to put pressure on administrative organs through abnormal applications,forcing them to meet their unreasonable needs.Such abuse of the right will not only affect the normal operation of government information,waste administrative resources,but also affect the protection and normal exercise of citizens’ right to apply for government information.Faced with the fact that the Regulations are not specific enough for the abuse of the right to apply,the theoretical construction of the corresponding identification standards is particularly important.Initially,chapter I is an overview of the right,categorizes the government information disclosure,and makes it clear that the research object is based on the right to know,and the application disclosure as its main implementation mode still has a strong internal driving force for the development of the system.Based on the right to know,the right to apply for the government information has the objective attributes of basic rights,the relativity of rights also determines the legitimacy of restricting the abuse of the right,at the same time,this restriction should be within a reasonable range,reflecting the balance between protecting individual rights and safeguarding public interests.Furthermore,through the analysis of the communique cases and the sorting out of the relevant cases,this paper sums up the factors considered by the court in the determination,including the way,the content and the purpose of application,then points out that the court’s investigation on the content of application is not reasonable,and lacks sufficient demonstration.The restriction on the applicant’s future behavior has a meaning of punishment,which can not guarantee.the effect of regulation,but also increases the burden on the administrative counterpart and the administrative duties of the administrative subject,which is not adequate.Then analyzes the reasons that lead to the abuse of the right,and puts forward three possibilities,including the positioning deviation of the system,the lack of information disclosure and the inevitable drive of the applicant’s interest appeal.Additionally,this paper discusses the experiences and practices of Britain and Japan.In order to deal with the abuse of application right,the UK has set up a professional processing institution,which realizes the two-way guidance for the applicant and the administrative authority,and gives detailed regulations and interpretation for the vexatious request.The construction of Japan’s information disclosure system has undergone a shift from full disclosure to limiting abuse of the right.Both countries’ responses to the abuse of application right reflect that the core of information disclosure system is still the full balance between the protection of individual interests and the protection of public interestsFinally,this paper puts forward that the administrative organ has the duty and responsibility of examining and identifying the abuse of application right,and gives the constituent elements of the identification standard from both the subjective and objective dimensions.And this basically includes subjectively malicious,the implementation of abuse and serious damage caused by the abuse,and the scope covered by each element is restricted to be strictly explained.Through the discussion of the identified subject and the reply after the identification,the research on the cognizance procedure is supplemented.The identification subject should adhere to the principle of "Responsibility follows people",and be determined in combination with the authority,efficiency and convenience of identification.The reply after identification includes two forms:request for explanation and notification of disqualificationAt present,the cognizance of abusing the right in China is still in the exploration stage.There are still many conceptual differences between the practical and academic circles on the understanding of the problem,therefore,the establishment of the cognizance standard should be fully reasonable.This paper is not eager to consider the difficult part,the discussion of the subjective and objective dimensions also emphasizes the overall idea from the objective facts.