The Research Of Litigation Rights Protection Of The Third Party Of The Disclosure Of Government Information

In the third party information public involving government information, the inevitable also involves the rights of citizens know and third party privacy, commercial secrets, and shall be subject to protect the rights of the administrative authority to make an administrative act will affect the rights and interests of the two main body, and the other is ignored in China for personal privacy, and the protection of commercial secrets, and government information once that has not publicly resilience, government information third party litigation rights and interests protection should be more timely and effectively. In view of the third party information involving the disclosure of government information of the lawsuit these particularity, and our country government information openness system theory and practice at present are on stage of the third party lawsuit rights and interests protection not form a special system, makes the disclosure of government information for the protection of the rights and interests of third party action research is necessary and urgent. Rules of the recently issued the disclosure of government information judicial explanation, and clearly reflect this, this judicial interpretation has in the third party in the lawsuit perfect rights to make some clear rules.This special according to this problem, the disclosure of government information for the protection of the rights and interests of third party litigation, from the third party rights and interests protection in the information public litigation the predicament, the disclosure of government information of the third party in legal status and litigation in China, the existing system based design and build more perfect third party litigation rights protection mechanism of the Angle of the system are discussed, the disclosure of government information to fill the gaps in the third party litigation rights and interests of the academic research, and also for the practice operation blank provides a sample of the operation.This paper, from two cases, leads to a third party in the disclosure of government information for the lawsuit the predicament, in the first chapter of the summary is introduced in this paper together with the object of study and research methods. In the disclosure of government information of the third party in legal status and basic right of this chapter introduces the disclosure of government information for the third party to the plaintiffs identity can be a lawsuit, also can be in the third person’s identity involved in the lawsuit, and third party is based on the behavior of the administrative litigation answer effect sex and the third party as the theoretical basis of the plaintiff. Our country’s existing system design in this chapter separately from prosecution basis, the prosecution time, the burden, review standard and form the Angle of several judgment, first introduced the existing system in our country, combining foreign methods should be discussed how to improve the existing system. In the last chapter building more perfect third party litigation rights protection mechanism are introduced, and the Japanese review committee system, the information commissioner of the British and German data protection system of monitoring system of people.