A series of prosecution cases in which 3 people in Zhejiang were dismissed for administrative abuse of "sue officials" 179 times in 4 years

　　The Paper Journalist Zhang Liutao

　　The three parties filed 179 administrative lawsuits in four years, many of which have no direct interest in themselves. The Paper (www.thepaper.cn) learned from the People’s Court of Yinzhou District, Ningbo City, Zhejiang Province on August 26 that the court recently issued a notice of inadmissibility to three parties who were identified as administrative abuses. A series of administrative cases filed are not registered.

　　According to reports, before making a decision, the local government, procuratorate, law, and department have jointly screened and regulated administrative abusers. This is the first time in Zhejiang Province.

　　In May of this year, the Yinzhou District Court heard a series of cases concerning the disclosure of government information by the three Yuans of Xia, Hu and Wang to the Dongqianhu Town Government of Yinzhou District and the Management Committee of Ningbo Dongqian Lake Tourism Resort. Xia and others abused the right to apply for government information disclosure, the right to apply for administrative reconsideration, and the right to sue in administrative litigation, and filed an application for the discrimination of abuse of administrative litigation rights to the court.

　　The Dongqianhu Town government believes that since September 2015, Xia, Hu, and Wang have repeatedly applied for disclosure of government information to administrative agencies at all levels in Ningbo, and then applied for administrative reconsideration and filed administrative reconsiderations for the reply. Litigation, and continued to apply for retrial, until the prosecutor's office to apply for protest and procuratorial supervision, which seriously affected the work order and efficiency of administrative agencies.

　　It is worth noting that after accepting the case, the Yinzhou District Court found that the three plaintiffs had as many as 179 administrative lawsuits in 4 years. After review by the court, it was confirmed that from January 2016 to May 2020, Xia had filed a total of 112 administrative cases of first instance, second instance and retrial to the third-tier courts of Zhejiang Province. In these cases, except for the damage of Xia’s house by others and its own legal rights, other administrative litigation matters, such as the construction of the village standard factory building, and the reconstruction of parking spaces in a community in Dongqianhu Town, are not directly related to Xia’s own rights and interests. . Hu has filed 16 first-instance, second-instance and retrial administrative cases with the third-level courts of Zhejiang Province. The main types of cases are government information disclosure. Wang filed 51 first-instance, second-instance, and retrial administrative cases with the third-level courts of Zhejiang Province, including 22 first-instance cases, 19 cases involving government information disclosure, and 2 cases involving complaints and reports and performing statutory duties.

　　The Yinzhou District Court comprehensively evaluated a series of government information disclosure applications filed by the three plaintiffs, and held that the three plaintiffs did not have any legitimate interests worthy of judicial protection in these cases. This behavior has gone beyond the “use of government information” stipulated in the “Regulations on Disclosure of Information”. In the category of "service role to the people's production, life, and economic and social activities", his behavior has caused an imbalance between the limited public resources in the protection of personal interests and the interests of others, and the public interests, and has exceeded the limits of the exercise of rights. It constitutes an abuse of litigation rights.

　　On August 21, the four units of the Yinzhou District Public Administration, the Procuratorate, the Law, and the Department jointly convened a joint meeting to identify and regulate abuse of administrative litigation rights to identify and identify the above three parties. The meeting unanimously agreed that while fully protecting the parties’ administrative litigation rights, it is also necessary to stop abuses of litigation rights in accordance with the law. The three parties did not intend to protect their lawful rights and interests. They filed a large number of lawsuits over a long period of time, harassing administrative agencies and disrupting the order of litigation, which constituted an abuse of administrative litigation rights. They should be regulated in accordance with the law and included in the list of persons who abused administrative litigation rights.

　　At present, the case involving three people has entered the trial procedure, and the prosecution has been rejected. The court stated that after being included in the list of persons who abused administrative litigation rights, future applications for similar government information disclosure or performance of duties by three people, applications for administrative reconsideration, administrative litigation, or procuratorial supervision, must provide reasonable explanations. In the absence of reasonable explanations The court will not proceed.