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Study Of The System Of Trade Secret Information Disclosure

Posted on:2011-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LuoFull Text:PDF
GTID:2166330332964398Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The collecting detailed business information is the premise of the government decision-making and economic macro-control. Protecting trade secrets information is an important content of information disclosure legal system. At the early of Freedom of Information Act in the United States, judicial review of trade secret information disclosure cases is at the exploratory stage. Subjecting to judicial activism influence, the Court defined used subjective criteria for judging the case of trade secret information disclosure categories and strictly reviewed the administrative action of Information disclosure, which strongly promote the maximization of business information public. The double standards was established as the symbol which trade secret information disclosure cases is into the developing period. During this period , the court constantly modified the double standard letter of interest in the enlargement of the scope of confidential information in order to maintain the operation of the interests of the executive and the trade secret information of interest class. Reverse information disclosure appears and other litigation also reflected in other legal ways to exercise restraint doctrine of judicial review. Years of experience later, the judicial review of trade secret information disclosure cases went into maturity. To the prong standard established as the symbol of interest, this period was a narrow trade secrets Freedom of Information Act to restore the meaning of the interests of the court under different cases. Review of conflict took a different approach; such cases demonstrate the Court's review into maturity. Information disclosure and legal system in China at an early stage, information disclosure of commercial secrets case review class should learn from the experience of the United States, combining the specific conditions of China, the principle of confidentiality, in cases involving public interest, should adhere to the maximum range public as the exception; Secondly, trade secret category of information in the identification of four criteria should be taken into account, combined with other judicial technology, balancing privacy and open conflict between the value of effective protection of the legitimate public interest and private interests .
Keywords/Search Tags:The disclosure of government information, Trade secret information disclosure cases, The scope of the judicial review, Secret standards
PDF Full Text Request
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