政府信息公开领域中公民知情权滥用之规制——以“陆红霞诉南通市发改委”为例

Regulations for Restricting the Right of Knowing in the Domain of Government Information Publicity——A Case Study of Lu Hongxia v. Nantong Municipal Development and Reform Commission

自2008年5月1日《政府信息公开条例》实施以来,针对政府信息公开提起的行政诉讼案件数量不断增加的同时,也存在少数当事人恶意提起信息公开之诉,浪费行政和司法资源,扰乱司法秩序,损害司法权威的问题。文章以陆红霞诉南通市发改委一案为基础,研究在司法实践中如何界定滥用知情权,如何有效地规制公民滥用知情权的行为,以及如何充分保障公民合理的知情权。

Since ＂The Government Information Disclosure Bill＂ （ 1 st May, 2008 ） was is- sued, there have been more administrative actions against government information publicity, a- mong which a few parties started malicious prosecution of information disclosure. Such abusive case is a waste of administrative and judicial resource, which leads to judicial disorder and makes damage to judicial authority. Based on the case where Lu Hongxia sued Nantong Munici- pal Development and Reform Commission, it is studied how to make such definition, how to reg- ulate the abusive use of this right, and how to protect the citizens＇ right of knowing.