Regulation On The Abuse Of Citizens’ Right To Know From The Perspective Of Government Information Disclosure

The right to know is one of the important conditions for realizing democracy,rule of law and reflecting people’s subjectivity,and the corresponding government obligation is the disclosure of government information.As one of the main means to guarantee citizens’ right to know in the information age,the role of government information disclosure cannot be underestimated.It is crucial to promote the justice and transparency of public affairs and the realization of democratic decision-making.Information disclosure system started relatively late in our country,only ten years of history.However,the abuse of citizens’ right to know is common.Citizens go beyond the scope of authority to apply for the disclosure of government information in large numbers,and then file administrative reconsideration and litigation on this basis,so as to force administrative organs to compromise and achieve their own improper purposes.In the end,a large amount of administrative and judicial resources are wasted,which hinders the normal exercise of functions and powers by state institutions and also goes against the legislative purpose of information disclosure.The newly revised regulation on government information disclosure takes measures against citizens’ abuse of the right to know,such as administrative organs not dealing with it and applicants paying processing fees.However,there are still obstacles to the regulation of the abuse of the right to know,such as the lack of a clear definition of the abuse of the right to know,the non-uniform identification standards of the abuse of the right to know,and the unreasonable judgment methods of the abuse of the right to know.Therefore,it is necessary to conduct research on these issues.The first part analyzes the government information disclosure and the right to know as the corresponding rights and obligations,discusses them in the framework and theoretical system of rights and obligations,expounds the legal status and constitutional basis of government information disclosure and citizens’ right to know,and analyzes the relationship between the two.The second part,starting from the prohibition of right abuse theory,deeply analyzes the malicious theory of right,the limit theory of right,the content theory of right and the related concepts of citizens’ right to know abuse.In the field of government information disclosure,this paper selects guiding and typical cases for case analysis,and analyzes the illegal characteristics of citizens’ abuse of right to know from cases of abuse of right to know,thus summarizes the judgment standards of Chinese judicial institutions on citizens’ abuse of right to know,and then sorts out the damaging consequences and regulatory obstacles of citizens’ abuse of right to know.The third part mainly puts forward targeted solutions according to the regulatory obstacles of the abuse of citizens’ right to know.In the legislative level,rely on legislation to limit the abuse of rights;At the administrative level,improve the handling mechanism and basis of administrative organs;At the judicial level,the judicial function can be exercised to restrict the abuse of rights,so as to promote the good implementation of the government information disclosure system,so that the government information disclosure and the right to know as the corresponding rights and obligations can develop equitably.