On The Identification Of Abuse Of The Right To Apply For Government Information Disclosur

The provision to make part of the government information public on the system construction marks a great step forward in the level of government governance,which has great significance for the social public to participate more deeply in the governance of the government.At the legal level,the public’s right to know has been effectively protected,and the various measures and policies of the government have been presented in the sunshine.To some extent,it also prompts the government to change the law enforcement method and measure on the basis of thought,which reflects the idea of running the country according to law.Against this backdrop,the Regulations of the People’s Republic of China on Openness of Government Information emerged at the historic moment,becoming an important help to guarantee citizens’ right to know.Since the promulgation of this regulation,the government has made a lot of achievements in the disclosure of some information.Meanwhile,the public can use their rights more confidently and freely to participate in the governance of the government,express their opinions on the government,and supervise the actions of the government.Besides,not only the central government level,but also local governments have made great progress in this aspect.Good results have been achieved in the work related to government information disclosure,which has played an important role in promoting the modernization of China and building China into a powerful socialist country.But on the other hand,the quality level of the public is still lacking,so there are still many problems in the implementation process of this system,such as the public to claim rights beyond the boundary,the exercise of some rights deviates from the original goal,the meaningless use of administrative resources and other problems."Abuse of government information disclosure application right" is one of the most serious and prominent behaviors and problems,related cases are also occurring one after another,causing widespread concern in the society.Throughout our country theory circle and judicial practice,have not given an accurate standard to define the related behavior of this problem,leading to different decisions in the same cases,even the same circumstances under different courts and judge’s determination results are different,greatly harms judicial fairness and justice.Therefore,in order to maintain the authority and judicial credibility of the government information disclosure system,it becomes the key to form a unified identification standard for the abuse of the right to apply for government information disclosure.To sum up,this paper first analyzes the basic concept,and analyzes the value and significance of the unified standard.Then,starting from the judicial cases in recent years,the paper analyzes the universal identification standards and existing problems of judicial practice for abusive behavior,and starts from the underlying logic and basic structure of the identification of abusive behavior of government information disclosure application right,combined with the previous practice analysis,so that the behavior can be deconstructed and classified at the level of specific operation.A feasible behavior identification standard is tentatively given to help judicial practice better identify related abuse behaviors.The full text is divided into the following parts:The first part,introduces the research background and significance,shows that at this stage,both in theory and in the judicial practice,our country lacks the relevant identification standard for the abuse of the government information disclosure application right,and concludes all the relevant theories in the current theoretical circle,including the concept of government information disclosure and the definition and identification requirements of right abuse,by summarizing the commonality.The related concepts are further clarified and confirmed.The second part,based on the value and significance of standardized unified identification criteria,aims at the definition of why the abuse of government information disclosure application right should adopt the same standard,from the implementation of the principle of right not to be abused,guarantee order,strengthen the authority of judicial activities and other aspects of theoretical analysis.Through analysis,we can clarify the importance of normative identification standards,strengthen and improve the awareness of the whole society to this problem,so that the people pay more attention to this problem,take the initiative to realize the evil consequences of the abuse of rights,and promote the establishment and improvement of relevant rules and regulations,so as to better maintain the social order and development,avoid the waste of public resources.The third part analyzes the forms of abuse of government information disclosure right behavior,summarizes and analyzes several typical characteristics of abuse behavior,and analyzes the causes of this problem from different perspectives of the applicant,the system and the government.The fourth part analyzes the judgment of abuse in the current judicial practice,and finds out typical cases by sorting out the existing judicial cases.At the same time,according to the case summary,the problems existing in the current judicial determination are found,such as the difficulty in unifying the standard of behavior identification in the trial,the unreasonable content and circumstances of the review,and the insufficient explanation of the reasonable legality of the purpose of application in theory.The fifth part,combined with the analysis above,starts from the level of administrative jurisprudence,from the applicant’s subject,the applicant’s subjective aspect,the applicant’s objective aspect,the applicant’s object,the damage consequence and the causation relationship,and constructs the relevant identification criteria for the abuse of government information disclosure application,and carries out a specific analysis.It also indicates that the principle of prudence should be upheld when identifying the applicant’s abuse of the right to apply for information disclosure,no matter in the administrative practice of government information disclosure or in the judicial determination.At the same time,the determination standard should be strictly followed,so as to give full play to the effectiveness of the government information disclosure system and effectively protect the rights and interests of the public.