Study On The Protection Of The Third Person Right In The Publicity Of Government Information

The implementation of “the People’s Republic of China on Open GovernmentInformation "(hereinafter referred as the" Regulations ") is of great significance forthe protection of citizens’ rights, which is an important milestone on the developmentof the law. However, the government information public is still infancy in China.There are few research articles on protection the rights of a third party. In thegovernment information disclosure process, it often involves a third party other thanthe executive and the applicant. So it can not be ignored to protect the rights of a thirdparty. How to protect the third party has become the inevitable issue. Furthermore,paying attention to the protection of the right of a third party has the greatsignificance for solving the conflict of fundamental rights, establishing the image ofthe government and enhancing the trust of the government. Therefore, I chose theproposition that the protection of the rights of a third party in the governmentinformation disclosure process. I hope I could explore a few countermeasures for theprotection of the rights of a third party. The paper is divided into three parts:First of all: I started from the basic concept of a third party. I defined the concepton the protection of the rights of a third party, clarified a third party in thegovernment information disclosure clearly, and explained the basis of the rights of athird party. I did an analysis of the need for protection of a third party in thegovernment information disclosure process. I hope we could explicit the urgency ofthe question from elaborating its characteristics more clearly on this paper.The second: I mainly stated the status of the current China’s legal protection ofthe rights of a third party. From23and33of the "Regulations" interpretation on thedesign of systems for the protection of the rights of a third party. Such as theprotection of administrative procedures, the protection of legal remedies. I did ananalysis of the problem of the protection of the rights of a third party in thegovernment information disclosure process. Through the collection of the cases, Iexamined some defects of the protection for the rights of a third party in practice.Finally: I improved the legal system of a third party in government information disclosure process. I proposed some solutions from two angles---the procedures andremedies. At the some time, I did the preliminary exploration on the protection of therights of a third party from learning and summarizing the experience of foreigncountries.It can be said that the protection of the rights of a third party in the process ofopen government information is still inadequate in my discussion, which has someloopholes in the system construction. But I just want to do a little try to bring somebenefits to the development of Chinese government information disclosure.