Research On Regulation Of Abuse Of Application Right Of Government Information Disclosure

China promulgated the "Regulations on Disclosure of Government Information"(hereinafter referred to as the "Regulations")in March 2008,and revised and improved the "Regulations" in 2019.The original intention of the legislation was to protect citizens’ right to know and create a sunny and efficient democratic government.However,the existence of abuse of the right to apply for government information has disrupted the normal government information disclosure system,and even severely squeezed administrative and judicial resources,causing the value of government information disclosure to deviate from the normal track.Therefore,it is the purpose of this article to find effective measures and methods in protecting citizens’ right to know and regulating the abuse of government information disclosure application rights.This article will take the abuse of the right to apply for government information disclosure as the starting point,focusing on the abuse of the right to apply and the regulatory methods.First of all,through searching relevant data and typical cases,as well as field investigations to summarize and summarize,carry out empirical research,analyze the emergence,performance and identification of the abuse of government information disclosure application rights,and analyze the abuse of application rights from the subjective,objective,and results.Identified.Second,focus on the analysis of the main reasons for the abuse problem,from the applicant’s perspective and the practical perspective of my country’s government information disclosure system,analyze the direct and indirect causes of the abuse problem.The direct cause is that the applicant’s own reasons lead to the occurrence of abusive behavior,including the applicant’s irrational and malicious filing of government information disclosure applications,and the abuse of the right to apply as an outlet to resolve disputes;indirect reasons,that is,the internal causes and intensification of the government information disclosure system The problem of abuse includes the insufficient ability of administrative agencies to actively disclose information according to their powers,the failure of administrative agencies to disclose information on applications to meet their needs,and the lack of basis for administrative agencies to directly identify abuse of the right to apply.Therefore,applicants abused the right to apply by taking advantage of system flaws.Thirdly,it analyzes the current situation and existing problems of the regulation on the abuse of government information disclosure application rights,including the imperfect legal system of regulation and abuse at the legislative level,the lack of countermeasures for the abuse of regulation at the administrative level,and the lack of regulatory access at the judicial level that makes it difficult to resolve substantive administrative disputes.Fourth,compare and learn from foreign experience,mainly the methods of the United States,the United Kingdom,Japan and other countries to regulate and abuse,and explore the relevant parts that are suitable for our country to learn from.Finally,face the cause of the problem and explore the regulatory methods for the abuse problem,and propose three regulatory paths: first,strengthen the guidance of irrational malicious applications,strengthen the rational guidance of cases,strengthen the rational guidance to citizens,and establish applicants Credit evaluation system;the second is to unblock multiple channels for dispute resolution,the establishment of an information disclosure review committee as a pre-resolving mechanism for disputes,to optimize the process of regulating the abuse of application rights,and to unblock the channels for the substantive resolution of administrative disputes;the third is to improve the government information disclosure legal system to remedy defects and improve Administrative agencies take the initiative to disclose government information capabilities,fill in the "gap" in requesting information disclosure based on applications,and give the administrative agency the first judgment right to directly identify abuses.Provide certain solutions to the current regulations on the abuse of the right to apply for government information disclosure and the improvement of related systems.