Research On Judicial Recognition Standards Of Administrative Prosecution Abuse In Information Disclosure Cases

Driven by various factors such as society,system and economy,the phenomenon of citizens abusing administrative litigation rights in the field of information disclosure is increasing.However,the lack of legislation on the determination of the abuse of administrative litigation rights in China ’s current laws has led to the greater discretion of the people ’s courts in judicial practice.The inconsistency of the determination standards has also caused a series of problems,and different judgments in the same case have occurred from time to time.Therefore,it is necessary and objective to speed up the establishment of an operable administrative litigation right to abuse judicial determination standards.From the perspective of empirical research,this paper takes 79 government information disclosure cases as the research object,analyzes and summarizes the people’s court’s trial ideas and discretionary criteria for the determination of citizens’ abuse of administrative litigation rights in the cases,and combs and evaluates the existing theoretical research.On the basis of three aspects: the interest in litigation,the principle of good faith and the subjective intention of indiscriminate litigation,the judicial recognition standard for administrative litigation abuse that conforms to China ’s judicial practice is constructed: first,the judicial determination of the benefit of the litigation as the primary determination standard requires citizens to exercise the right of litigation to satisfy the rights and interests.The characteristics of damage,the necessity of relief and the balance of interests;secondly,as a standard of conduct,the principle of good faith requires citizens ’behavior to follow the non-deception and legality of the behavior,the behavior of“ trust ”and the results of the behavior It meets the requirements of fairness;finally,the judicial determination standard for indiscriminate subjective intent is to examine the external behavior of citizens to realize the subjective inference of their inner activities,only when the citizens have a complete understanding of their behavior and subjective "pursuit" Only when the will factor can be determined that the citizen has subjective malice.The research on the construction of the judicial recognition standard for the abuse of administrative prosecution power aims to provide practical and effective guidance to the judicial trial practice,promote the refinement and standardization of China’s judicial power,and avoid undue damage to citizens’ prosecution power due to the arbitrary exercise of the judicial power.