Research On The Problem Of Business Secret In Government Information Disclosure

The government information disclosure is the basic requirement of informationglobalization and democracy, and it is the only way to build a service-oriented transparentresponsible honest government. Since the implementation of Regulations on OpenGovernment Information, government information disclosure work has made breakthroughprogress in our country, the scope of initiative open government information is expanding andspecific. The program of according to application for public is becoming more and moreconvenient. at the same time, the way of government information disclosure got a lot ofchange, the construction of government website has made great achievements. And openmanagement of party affairs，judicial public and administrative system in various fields arealso included in the scope of the government information disclosure in The Eighteenth PartyCongress Report. the government information disclosure work is developing towards a deeperand wider direction, which fully respects, protect sand develops the citizen’s right to know.In practice, however, the government information disclosure system still exists a seriesof problems. As one of the important part，the business secret caught my attention. In recentyears, the government information disclosure lawsuit about business secret is increasing,which becomes the biggest growth points and issue in the exception problem of thegovernment information disclosure. With the development of China’s socialist marketeconomy and degree of open to the outside world, we believe that the cases of governmentinformation disclosure about business secret will also be growing. Therefore, it has very hightheoretical value and practical significance to study business secrets in governmentinformation disclosure. This article mainly analysis a typical lawsuit about business secret ingovernment information disclosure that Mr Meng refuses to accept reply in governmentinformation disclosure，researching in the controversial points in the case, finding out theproblems in the judicial practice and the defects in the legal system. at the same time, I wouldgo deep into thinking business secret question in the government information publicity systemand put forward my own proposals on the basis of using the mature experience from othercountries and combining with the actual situation of our country.This article mainly divides into four parts: the first part mainly introduces the basicsituation of the case, at the same time,I put forward three problems combined with the observation of the other cases and related research achievements of scholars,including “thedefinition of business secrets”and “balancing of interest in business secret protection and thepublic interest" and “supervision of administrative discretion right”.The second part mainlyintroduces the definition of business secret. Through introduces the meaning of businesssecret in our legal system, I analysis the problems of defining business secret in thegovernment information disclosure, and put forward suggestions to solve these problems inour country using the method of comparative study, on the basis of using the matureexperience from other countries in the definition of business secret about the governmentinformation disclosure. The third part mainly elaborates how to solve the conflicts betweenbusiness secrets protection and public interest in the government information disclosure.Through studying the central issue of public interests, I hope to find the method to balancethese interests. The fourth part expounds mainly how to supervise administration discretionright in the government information disclosure, to achieve the purpose of protecting thecitizens’ right to know. With the methods of empirical analysis and comparative research, thispart analysis the problems in the case and absorbs western beneficial experience, finallyputting forward the way to supervise administrative discretion right.