Consulting Behavior In Government Information Disclosure Applicationidentification Study

Consultation and government information disclosure application are not the same concept.Consultation in the form of government information disclosure application should be the exception cause of government information disclosure not specified in the Regulations on Government Information Disclosure.Under the guise of government information disclosure application,administrative organs and judicial organs have different emphasis and value orientation for consultation identification.Due to the lack of normative identification standards,how to identify consulting is controversial.Based on the analysis of administrative cases involving consulting accreditation in Shanghai after 2019,it can be seen that in administrative accreditation,administrative organs often omit the reasoning process of consulting accreditation in their correspondence,and reply with non-government information disclosure application or non-administrative duties of the organ.In judicial recognition,the applicant’s application to the administrative organ for disclosure of information that is not directed to specific information and is not stored in a certain form is generally recognized as consultation,which belongs to the scope of non-governmental information disclosure.However,the behavior applying for disclosure of the legal basis of administrative act should not be considered as consultation,and the content of consultation for disclosure of compensation standards should also be considered as the category of active disclosure.In the framework of government information disclosure,the right of consultation is based on the right of supervision,and the applicant does not have the right to apply for consultation matters beyond the scope of regulation adjustment.The administrative organ does not have statutory obligation to reply to the consultation,only the obligation to reply based on the principle of convenient service.On the one hand,the confusion of consultation identification is due to the ambiguous connotation of consultation itself,and to a certain extent,it is also caused by the defects of government information disclosure system.Behind the consulting behavior will breed such negative effects as excessive litigation of applicants,lazy administration and even power abuse of administrative organs.As for the consulting recognition ideas in the application for government information disclosure,the consulting behavior should be characterized from the legal level,and then analyzed from the perspectives of administrative recognition and judicial recognition.