滥用知情权的逻辑及展开
发布时间：2018-09-14 15:37
【摘要】：在我国信息公开实践中,出现了申请人大量申请、反复申请政府信息公开的情形。司法实践将此类申请行为界定为"滥用政府信息申请权"或"滥用知情权",并认为此类行为构成权利滥用。由于公法上权利关系的特殊性和知情权的复合性功能,在将发源于私法领域的禁止权利滥用原则适用于公法上的知情权问题时,必须对该原则的适用进行严格的范围界定和规则限制,通过对知情权行使的原则设定、滥用权利行为的类型化以及建构滥用权利的测试标准等途径,抑制行政机构和司法机关适用权利滥用原则的自由裁量空间,从而实现对知情权的权利保障和抑制权利滥用之间的平衡。
[Abstract]:In the practice of information disclosure in our country, a large number of applicants apply for government information disclosure repeatedly. Judicial practice defines this kind of application as "abusing the right to apply for government information" or "abusing the right to know", and thinks that this kind of behavior constitutes abuse of rights. Because of the particularity of the right relation in public law and the compound function of the right to know, when the principle of prohibiting abuse of right originated in the field of private law is applied to the problem of the right to know in public law, The application of this principle must be strictly defined and restricted, through the setting of the principle of the exercise of the right to know, the typology of the abuse of the right to know, and the construction of the test standard for the abuse of the right, etc. In order to balance the protection of the right to know and the abusing of the right, the discretionary space of applying the principle of abuse of rights to the administrative organs and the judicial organs is restrained, so as to achieve the balance between the right to know and the right to abuse.
【作者单位】： 北京大学法学院;
【分类号】：D922.1
，
本文编号：2243130
[Abstract]:In the practice of information disclosure in our country, a large number of applicants apply for government information disclosure repeatedly. Judicial practice defines this kind of application as "abusing the right to apply for government information" or "abusing the right to know", and thinks that this kind of behavior constitutes abuse of rights. Because of the particularity of the right relation in public law and the compound function of the right to know, when the principle of prohibiting abuse of right originated in the field of private law is applied to the problem of the right to know in public law, The application of this principle must be strictly defined and restricted, through the setting of the principle of the exercise of the right to know, the typology of the abuse of the right to know, and the construction of the test standard for the abuse of the right, etc. In order to balance the protection of the right to know and the abusing of the right, the discretionary space of applying the principle of abuse of rights to the administrative organs and the judicial organs is restrained, so as to achieve the balance between the right to know and the right to abuse.
【作者单位】： 北京大学法学院;
【分类号】：D922.1
，
本文编号：2243130
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