Study On The Protection Of The Third Person The Right In Publication Of Information

Nowadays we are required to build service-oriented government.Government activities should be open and transparent, and citizens canparticipate in public affairs management. Since the implementation of thedecree on government information disclosure,the open cases have increasedgradually, in consequence, and the issue of protecting the third party'shuman rights dramatically comes up. Under the current China's existinglegal system, protection on the third party's rights is not comprehensiveand perfect. Administrative procedure is simple and not feasible. Havingbeen invaded, the third party can be protected through the administrativereview and administrative litigation but some conventional ways can notbe applied to protect the third party. On the basis of the existingresearch and law and stipulations, the third administrative notificationprocedure should be carried out strictly so as to make violations of thethird party's rights stay at the embryonic stage for governmentinformation can not be reversible once open to the public.This thesis is divided into three parts. The first chapter is theoverview of the third party's rights in the process of governmentinformation disclosures. To study the right of the third party, we needto define the research objectives and the starting point,namely, theconnotation of the third party in the course of government informationdisclosures. Based on the theory of the third administrative party as wellas connation of the third party, Chapter1clarifies the scope of the thirdparty in the process of government information disclosure. Governmentinformation disclosure affects the interests of the administrativecounterpart and the third party,even public interests. Governmentinformation disclosures being open to public, a variety of interests needsbalancing, and the third party's rights should be protected. Our currentprovisions stipulates that third party's right is limited to commercialsecret and privacy. On the basis of the basic theory of legal right protection, the first chapter expands the scope of the third party'srights with a view to responding to the new situation that may arise.The second chapter is to deal with the history and existing problemsin reality stipulated by the law on protecting the third party in thecourse of disclosure of government information. With the advancement ofthe process of administrating according to law, the citizens have strongerdesire for the rights to get public information.As cases about governmentinformation disclosureincrease, more attention is paid to standardizingthe relevant issues when local government makes regulations. In thedocuments of government information disclosure,principle and directiontoward protection of the third party can be seen, and the provisions inlegislation can be also understood. The laws and stipulations being notspecific and comprehensive, the problems in administrative procedure andthe legal relief come into being.In the third chapter, based on the fundamental theory of law, fromthird party right source into protection way, regarding protection inreality, it specifies and perfects administrative notificationprocedures of the third party, stipulates notification content, period,the influence of the third party' attitudes and styles,fully respectsthe third party's attitude, and reasonably balances the relations withinformation disclosure. On the legal remedy for the governmentinformation disclosure, being special and professional in the casesshould be taken into account, including the necessity and possibility ofadministrative reconsideration on the relief pattern chosen by therelevant people. Considering unrecoverablity as well as the the thirdparty 's objection towards information disclosure litigation, alsoinformation disclosure litigation, special systems in litigation process,such as distinguishing standard of review, application of unilateralhearing, specific judgment, stopping impliment. Based on perfect foreignlegislation and relevant experience, it can be applied in China.In order to protect the third party in the process of governmentinformation disclosure, we not only need to improve the legislation, butmake the way of protection concrete and systematic. Under our currentlegal framework, only through making the government information open,improving the system of protecting third party rights, can third party'srights and interests be achieved truly.