Study On The Abuse Of Government Information Disclosure Request Right And Its Regulation

The Regulations on the Disclosure of Government Information came into force in2008 and were amended and improved in 2019.The standardized and systematic operating model presented by the government information disclosure system has been continuously consolidated and developed.However,with the advent of the digital age,the volume of government information has grown significantly.The Regulations on the Disclosure of Government Information,while safeguarding the construction of a government based on the rule of law and safeguarding citizens’ right to know,have also gradually highlighted some drawbacks.Prominent among them is the abuse of applicants’ massive and repeated requests for information disclosure in pursuit of other substantive rights and interests unrelated to the right to know.A study of the abuse of the right to apply for government information disclosure is not only necessary to respond to real-life problems,but also to promote the smooth operation of the government information disclosure system.Using normative analysis,empirical analysis,and other research methods,taking the adjudication cases of Henan Province from 2019 to 2022 as samples,the actual patterns of abuse of government information disclosure application right are analyzed as repeated and repeated applications by applicants,many applications by specific groups,applications to multiple departments and fuzzy information applications.It interferes with the performance of the duties of administrative organs,causes the consequences of abuse of litigation rights,impairs the rational space of citizens,departs from the legislative purpose of regulations,and wastes social resources,which is caused by the vague legislative provisions,the ineffective effect of active publicity,the failure to resolve the disputes in the field of people’s livelihood and the low cost of abuse.Based on the manifestation of harm,through the theoretical basis,standard basis and practical basis,this paper discusses the legitimate basis for regulating the abuse of government information disclosure application right.Based on the causes of the abuse of the right to apply for government information,the path of regulating the abuse of the right to apply for government information disclosure is proposed,namely,clarifying the legal provisions is the fundamental means,clarifying the criteria for abuse and improving the fee system;enhancing the effectiveness of disclosure is the main aspect,building a diversified disclosure platform,expanding the scope of active disclosure and building a professional disclosure team;resolving disputes substantively is the basic guarantee,resolving disputes through administrative reconsideration and preventing administrative disputes at source;raising the cost of abuse is the important aspect.To improve the cost of abuse is an important supplement,we should balance the cost and benefit and increase the regulation.