| In recent years,in the field of government information disclosure,some citizens abuse the right of application more and more,which not only causes some trouble to the administrative organs,but also has a negative impact on the legitimate interests of other citizens.This paper follows the idea of raising,analyzing and solving problems,and discusses the abuse of application right in order to contribute to the regulation of our country.First of all,this paper analyzes the right basis of the government information disclosure system,clarifies the connection and difference between the right to apply and the right to know,defines the concept of the right to apply for government information disclosure,and then discusses the definition of the abuse of the application right for government information disclosure and the two identification criteria;Secondly,according to the case of the judgment document network,summarize the current situation of the abuse of application right and the adverse consequences,and explore the causes of the abuse of application right from internal and external aspects.Analysis the current situation of the court’s abuse of application standards,and found that there are problems such as inconsistent identification standard;Thirdly,it introduces the American model of procedural flexible regulation and the British system regulation,analyzes its advantages and disadvantages and its reference significance in China.Finally,it is divided into changing the system value orientation,increase flexible procedural specification,strengthen the administrative ability according to law,and improve the standard for abuse of application.The government information disclosure system is intended to protect citizens’ right to know.In the early stage of the development of the system,it is easy to cause various problems,and the abuse of the right of application in essence reflects the lack of corresponding regulation on citizens’ right of application.In the process of regulation,it is necessary to give administrative organs a large amount of discretion.This problem also needs to be restricted,because the starting point and foothold of China’s regulation of application rights is to protect citizens’ right to know.If the power given to the administrative organ is too large and there is no reasonable restriction in the process of regulation,the citizen’s right to know can not be fully realized,which is undoubtedly the end of the house. |
