Research On Identifying Standard Cases Of Abusing The Right To Apply For Government Information Disclosure

The purpose of the government information disclosure system is to protect the public’s right to know and ensure that the public can obtain government information according to law.With the rapid economic development of the country,the rapid social progress and the strengthening of people’s awareness of rights,the number of applications for government information disclosure is also increasing year by year.But accompanying phenomenon is,the government information disclosure application in "application for government information disclosure-filed administrative reconsideration-administrative litigation" process is alienation,become part of the applicant seeking improper interests,also led to the abuse of government information disclosure application right of administrative litigation cases,presents a trend of rising year by year.Frequent cases of abuse of the right to apply for government information disclosure occur,crowding out public resources and increasing the work pressure of staff.Therefore,it is imperative to clarify the identification criteria of the abuse of government information disclosure application right and formulate the regulatory countermeasures for the abuse of government information disclosure application right.Looking at the current legal framework in C.hina,the identification criteria for the abuse of the right to apply for government information disclosure are not clear in C.hina’s current legal norms.Through the judgment network,Peking University,wei first retrieval platform integration related sample cases,after analysis can be found that the abuse of government information disclosure application case dispute focus mainly focuses on three aspects:whether the applicant has the abuse of government information disclosure application,the applicant whether the abuse of application will inevitably lead to abuse of right and can restrict the abuse of the right of application and right.To sort out the focus of the case dispute,try to clarify the identification criteria of the abuse of government information disclosure application right and the consideration factors of the abuse of action right in judicial practice,summarize the ways of protecting the citizens’ right to apply for government information disclosure.and strive to optimize the path of the legal system from the exploration results of judicial practice.In order to solve the above problems,we try to put forward the regulatory countermeasures to regulate the abuse of government information disclosure application rights,and analyze them from three main dimensions:legislative organs improving legal norms,administrative organs improving administrative ability,and judicial organs optimizing the judicial environment.Specifically,firstly,the legislature clarified the identification standard of government information disclosure application,improves the legislative level of information disclosure,introduces the administrative interpretation of the new Regulations;secondly,the administrative organs improve the administrative capacity,expand the scope of government information disclosure,strengthen the construction of the government information disclosure platform,guides the public to exercise their rights reasonably,and increase the administrative review procedures;thirdly,the judicial organ increases the pre-litigation mediation procedure,and regularly publishes the guiding cases.