Business Secret Protection In Government Information Disclosure

To meet the public's right to know is one of the major responsibilities of modern government, and the government information disclosure project is being positively promoted in China. On the one hand, the content and scope of government information disclosure is always the core of study; on the other hand, exceptions in government information disclosure are also always the difficulty of study. The effective protection of exceptions in information disclosure is an integral part to perfect the government information disclosure system.Business secret is an important open exception in government information disclosure activities. From the nature point of view, contradiction between government information disclosure and business secret protection is the reflection of opposition between required openness of information disclosure and required conservatism of business secret and its core lies in the value conflict between public interest and private interest. The fact that the public's right to know needs to be met requires the maximum disclosure of government information and this is an important issue related to whether public interest can be achieved. However, the realization of public interest should be restrained and in general, this purpose should not be achieved at the expense of private interest, so necessary protection should be given to secret information concerning private interest in the hands of government. How to balance the other kind of interest is the key in dealing with business secret protection in information disclosure.This thesis first analyzes the meaning and location of business secret in China's legal system and analyzes the definition of business secret in government information disclosure activities in detail. Secondly, the thesis sorts out the existing provisions of business secret in legal norms on government information disclosure and explores the problems. Based on the existence of conflicts of interest, the thesis proposes the idea for balance of interests by starting from the method to balance public interest and private interest, thus paving the way for the design of specific measures. Finally, the author provides several ideas to complete the system of business secret in government information disclosure on the basis of drawing on foreign experience.