信息公开缠讼现象的政法逻辑

信息公开；缠讼；司法博弈；制度张力；信息公开政治学
Empirical analysis shows that the vexatious suit in government information disclosure is growing. And it is not a simple problem of right abusing, but the concentrated externalization of relevant institutional contradictions. With the help of litigation convenience, political correctness and justices with administrative characteristic, the information applicants developed the special way of disputes settlement. When the vexatious suit spreads rapidly and endangers the judicial order, the court puts it back into control through the judgment of “vexatious proceeding”. Although the construction of government information disclosure system formally shared the basic concept of democratic participation in China, it exposed multiple tensions among different objects and interests under the political background of depoliticized. The “politics of government information disclosure”field constituted by multiple tensions not only leads to the information disclosurelitigation toward “petition”, but also makes the information disclosure system increasingly instrumental in the practical level. In order to solve the vexatious suit in political-legal logic, we can not stop the technical remedy in the gaps of rules, but also committed to the correction of relevant institutional goals.