Protection Of Open Government Information In The Third Person

The Government Information Disclosure Act of the People's Republic of China(the following referred to as"Act")is an important milestone in the development process of the rule of law in our country,which is of great significance to protect the citizen's right to know,to enhance the transparency of government and to promote administration according to law.Government information disclosure often involves multiple interests,particularly the interests of the third party in addition to the administrative organ and the applicant.How to protect the rights of the third party in government information disclosure is an important issue which can not be avoided.However,the Act has many defects in protecting for the interests of the third whether the administrative procedures or the legal remedy systems,which is extremely unfavorable for protecting for the interests of the third.Therefore,the thesis is made to try to analyse the status and defects in protecting for the interests of the third in government information disclosure in our country,in order to explore the improvement strategies in protecting for the interests of the third in government information disclosure in China.Specifically,the thesis is made of four parts:The first part is about the meaning of the third party in government information disclosure.This section introduces the definitions of the third party to administrative legal relationship of domestic and foreign scholars.And on the basis of this,defines the third party in government information disclosure.At last,it analyses the status of the third in government information disclosure.The second part discusses the theory outlines of protecting for the interests of the third in government information disclosure.This section discusses the theoretical basis and necessities of protecting for the interests of the third party,the relationship between protecting for the interests of the third party and fundamental value of government information disclosure.Finally,puts forward the basic principles in protecting for the interests of the third in government information disclosure.The third part is about the present situation of protecting for the interests of the third party in government information disclosure-the perspective of The Government Information Disclosure Act.This section discusses the defects of protecting for the interests of the third in government information disclosure in our country from the angle of administrative procedures and legal relief systems through the observation of the present situation of Act.The fourth part puts forward the improvement strategies of protecting for the interests of the third in government information disclosure.Based on the shortcomings and difficulties of protecting for the interests of the third party in government information disclosure,it respectively puts forward the improvement strategies on the legislative technologies,the administrative procedures and the legal remedy systems.It should be considered that the discussion and the construction for protecting for the interests of the third party in government information disclosure in this thesis is not sufficient,only made some preliminary targeted attempts,hoping that it would be beneficial to the perfection of the Act in future.