The Balance Of Interests On The Proteceion Of Trade Secrets On The Disclosure Of Government Information

Because the system design on some of the loopholes," Regulation of thePeople’s Republic of China on the Disclosure of Government Information" in theprotection of business secrets shall be agencies to use as an excuse to refuse to openthe application in reality, the information discloses the applicant’s right to know is notguarantee. Administrative organs in handling public information staff failed to correctinterpretation of "trade secrets" and "public interest" concept, the lack of these twodefinitions and current information disclosure system, is an important cause of theabove phenomenon. The information disclosure system to protect commercial secretsof degree in the final analysis is a choice between the ruling party represented in thepublic, commercial secrets and information disclosure of the interests of the applicant.The first and second part of this paper analyzes connotation and characteristicsof the "commercial secrets" and "public interest", stressed the "relative commercialsecret" and "public interest" judging principle, to correctly judge the parties rightsboundary tamp foundation. The information disclosure of business secret protectionsystem in the existing problems in the final analysis is reflected in the choiceof system designers face many conflicts of rights to. The third part of thearticle analyzes the information disclosure and the conflicts of rights between theparties in the protection of commercial secrets and conflict solution principle shouldbe followed. At the same time, pointed out the existing system biased towardsthe protection of commercial secret right, but for the information disclosure of theproblem of inadequate protection of the rights of the applicant. This situationshould be adjusted, so that the balance of interests. At the same time, throughthe development process of American information disclosure system of commercial secrets protection system from the protection of unilateral interests to the interestsbalance, summed up its on China’s information disclosure of commercialsecretsprotection system is helpful to.Finally, the system of the principle of balance ofinterests of public commercial secret protection in the government information basedon the proposed recommendations for improvement, focuses on how to establishthe system of "trade secrets" were identified and classified management, and theexisting information disclosure litigation can be matched with the appropriateadjustment of the system to do.