Research On The Regulation Of The Abuse Of Litigation Rights In Government Information Disclosure Litigation

Since the implementation of the registration system,the administrative abuse of litigation has attracted increasing attention,especially the frequent abuse of the right to sue in the government information disclosure litigation.This behavior is not only contrary to the original purpose of the establishment of the right to sue,but also caused a waste of administrative and judicial resources.When the right to sue is used maliciously,it deviates from the purpose of its establishment,and becomes a tool to harm the state machinery.The frequent abuse of litigation reflects the lack of caution of the people in exercising their rights,and also reflects the imperfect construction of the national administrative litigation system.The results of the statistics of the judgment can be found that the effect of government information disclosure is not satisfactory,the plaintiffs standard is unclear and the misunderstanding of the registration system makes a large number of lawsuits into the court,abuse of the right to sue is not clear,the process is not standardized and so on leading to the results of different judgments in the same case,the existing disciplinary measures are not sound,the abuse of the right to sue in government information disclosure litigation is difficult to effectively curb the phenomenon.The introduction of trial practice cases,analysis of China’s government information disclosure litigation abuse of the right to sue regulation of the problem,that the procedure to identify the regulation,clear identification standards,standardized identification procedures and the establishment of the corresponding prevention and disciplinary mechanism is the necessary measures to regulate the exercise of rights,but also to promote the formation of the public dare to use the right,can use the right and good use of the rule of law environment must follow the path.And as a basis for the effective allocation of administrative and judicial resources,so as to achieve a substantive solution to the problem of abuse of the right to sue and civil rights relief.