On Information Disclosures And Commercial Secret Protection In Administrative Permission

In administrative permission procedure, the government has liability to disclose information related to the permission. Because there's no such a Information Disclosures Law, though some relative detailed regulations are stipulated in Administrative Permission Law in China, some faultiness and deficiency still exist. Many realistic problems exist in the aspects of information disclosures, commercial secret protection and the conflict between the above two of administrative permission. This paper starts from the legislation status of information disclosures and commercial secret protection in Administrative Permission Law, analyzes the realistic problems in them, then a detailed research to the conflict between information disclosures and commercial secret protection within administrative permission is made. On the basis of analyzing the reasons, effect and possibility of consonance between them, combining the advanced experience of foreign countries, the author analyzes the principles and methods of conflict-balancing, conflict-solving and loss-recuperating. The author also provides some ideas to form a system which can resolve the realistic problems in information disclosures and commercial secret protection and balance the conflict between them. So both of information disclosures and commercial secret protection can be protected in administrative permission, interest of each party can be balanced, the function of information disclosures system can be fully used and the valuable effect of administrative permission can be made better.