信息公开缠讼现象的政法逻辑
发布时间：2019-01-27 18:57
【摘要】：实证分析表明,信息公开诉讼的缠讼态势突显。信息公开缠讼并非简单的权利滥用,而是制度矛盾的集中外化。借助于诉讼便利、话语正当性和司法行政化等外部激励,信息申请者开拓出缠讼这一特殊的解纷路径。然而,当缠讼蔓延并危及司法秩序时,法院转而通过策略性"滥诉"判定将其重新纳入可控范围。尽管我国"治理型"信息公开制度建设在形式上奉行了民主参政的基本理念,但在"去政治化"的政治背景下却暴露出多维目标间、公私利益间的种种制度张力。多重张力所形构的"信息公开政治学"场域不仅导致信息公开诉讼走向"信访化",而且使得信息公开制度在实践层面变得日益工具化。政法逻辑下信息公开缠讼的治理,不能止步于规则漏洞的技术性弥补,更须致力于相关制度目标的矫正。
[Abstract]:The empirical analysis shows that the litigation situation of information disclosure litigation is prominent. Public information litigation is not a simple abuse of rights, but the centralized externalization of system contradictions. With the help of external incentives, such as litigation convenience, discourse legitimacy and administration of justice, information applicants open up a special way to resolve disputes. However, when the litigation spread and endangered the judicial order, the court decided to bring it back into control through strategic "overappeal." Although the construction of "governance-type" information disclosure system in China has carried out the basic idea of democratic participation in politics in form, under the political background of "depoliticization", it has exposed various institutional tensions between multi-dimensional objectives and between public and private interests. The field of "the politics of information openness" formed by multiple tension not only leads to the "petition" of information disclosure litigation, but also makes the information disclosure system become increasingly instrumental in practice. The governance of information disclosure and litigation under the logic of politics and law cannot stop from the technical remedy of the loopholes of the rules, but should be devoted to the correction of the relevant system objectives.
【作者单位】： 武汉大学法学院;
【基金】：教育部哲学社会科学研究重大课题攻关项目“完善基层社会治理机制研究”(14JZD030)的阶段性成果
【分类号】：D925.3
，
本文编号：2416586
[Abstract]:The empirical analysis shows that the litigation situation of information disclosure litigation is prominent. Public information litigation is not a simple abuse of rights, but the centralized externalization of system contradictions. With the help of external incentives, such as litigation convenience, discourse legitimacy and administration of justice, information applicants open up a special way to resolve disputes. However, when the litigation spread and endangered the judicial order, the court decided to bring it back into control through strategic "overappeal." Although the construction of "governance-type" information disclosure system in China has carried out the basic idea of democratic participation in politics in form, under the political background of "depoliticization", it has exposed various institutional tensions between multi-dimensional objectives and between public and private interests. The field of "the politics of information openness" formed by multiple tension not only leads to the "petition" of information disclosure litigation, but also makes the information disclosure system become increasingly instrumental in practice. The governance of information disclosure and litigation under the logic of politics and law cannot stop from the technical remedy of the loopholes of the rules, but should be devoted to the correction of the relevant system objectives.
【作者单位】： 武汉大学法学院;
【基金】：教育部哲学社会科学研究重大课题攻关项目“完善基层社会治理机制研究”(14JZD030)的阶段性成果
【分类号】：D925.3
，
本文编号：2416586
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