Judicial Determination Of Abuse Of The Right To Apply For Government Information

Since the government information publicity regulations,China’s government information publicity work has made remarkable achievements.However,with the in-depth development of information publicity work,in the citizens’ demand for government information is better meet at the same time,part of the applicant abuse the government information publicity application,and the malicious government information publicity lawsuit is constantly,bring great burden to administrative resources and judicial resources.Based on the analysis of the relevant cases,it is found that there are incompleteness in the determination criteria,determination investigation and determination procedures when the courts around the world determine the abuse of the right to apply.In terms of the determination criteria,each court tends to form its own system,and the determination criteria are arbitrary,and there are significant differences between the determination criteria of courts in different provinces,different courts in the same province,and even the determination criteria of the same court.In the examination of the content of the problem of simply judging by the number of whether it constitutes an abuse of the right to apply and inappropriate expansion of the scope of examination of the subject of the application.In terms of identification procedures,trial procedures and post-event regulation procedures are not perfect,which is not conducive to the efficient work of the judiciary.In order to improve the basic framework of the judicial identification of the abuse of the application right for government information publicity in China,in order to unify the identification standards and guide the judicial practice,the following measures need to be taken: First,to clarify the standards.According to the accumulated experience of relevant judges,China should construct the unified identification standard of the subjective and objective aspects,and the identification standard of the abuse of the application right should be further clarified combined with the judicial interpretation and relevant guiding cases.Second,reasonable consideration.The investigation content of whether it constitutes abuse should be specific,the investigation subject should be limited to the applicant himself,and the rationality of the judgment documents should be strengthened.Finally,improve the procedure.The improvement of the judicial identification procedure can learn from the advanced experience of the United States and Japan,refine the trial procedure of the abuse of application right case and establish the post-judicial regulation procedure in line with the judicial situation in China.