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The Regulation Of Abuse Of Appeal Right In Government Information Disclosure

Posted on:2022-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:J J LuoFull Text:PDF
GTID:2506306539478144Subject:legal
Abstract/Summary:PDF Full Text Request
The government information disclosure system is not only a product of the world development trend in the era of big data.On the one hand,it is a powerful system design that guarantees citizens’ right to know and supervise,and on the other hand,it is also an inevitable goal for my country to achieve the goal of building a transparent government,a service-oriented government,and a government under the rule of law.Claim.The lowering of the threshold of administrative litigation and the continuous improvement of the awareness of civil rights make citizens step into the court to seek judicial relief when their right to know information is violated.However,there are also a few applicants who have misinterpreted the purpose of the government information disclosure system and administrative litigation system,with the main purpose of obtaining special benefits,and abusing this right to use information disclosure applications and litigation as a means of exerting pressure on the government.This has led to a large number of cases of abuse of the right of information disclosure.This kind of litigation abuse case is most typical of the serial litigation formed by the parties in the field of land expropriation and demolition.This kind of abuse of litigation rights is extremely harmful.It not only consumes administrative and judicial resources for no reason,damages judicial authority and credibility,but also alienates the information disclosure system.In the end,the actual problems behind the parties’ information disclosure litigation cannot be solved,but instead make The parties who really need judicial relief cannot get timely rights relief.Therefore,it is necessary and urgent to regulate it.At present,this article studies the regulatory issues of the abuse of the right of litigation in government information disclosure from two aspects: firstly,at the theoretical level,the concept of administrative dispute and the definition of abuse of rights will be the focus;secondly,at the level of judicial practice,it should be further adapted to reality.And solve outstanding problems encountered in judicial practice.Problems in practice include,but are not limited to,insufficient reasoning in judgments due to lack of clear legal and normative guidelines,unclear judgment logic,inconsistent standards,irregular identification procedures,and preventive and disciplinary measures Unsound and other issues.Only by combining theoretical issues with practical issues,analyzing and resolving emerging issues,and putting forward perfect suggestions,can we fully analyze the regulatory issues related to the abuse of litigation rights.This article analyzes on the abuse of the right to disclose government information.It is based on the theory of my country’s civil and civil litigation rights,and analyzes related domestic cases to outline the emergence of the abuse of government information in my country And put forward corresponding improvement suggestions.However,the development of government information disclosure systems often expands the scope of disclosure and deepens the depth of disclosure.
Keywords/Search Tags:Government information disclosure, abuse of the right of action, The requirements of identification, regulation
PDF Full Text Request
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