Research On Disclosure Problems Of Government Information Involving Business Secret

On2008/05/01, the ‘Regulation of the People’s Republic of China on theDisclosure of Government Information’(hereinafter to be referred as ‘Regulation ofDisclosure of Government Information’ or ‘Regulation’) started to be officiallyexecuted with the basic principle “disclosure is principle, non-disclosure is exception”.As a milestone of legal construction in China, the ‘Regulation’ standardized the scope,publishing methods and detailed processes of government information disclosure,which accelerated open and transparent administration of government, provideinsurance for public to obtain government information effectively, meanwhile, alsoenhance law-based government construction. However, the article23of the‘Regulation’ specified “information involving business secret” as non-disclosureinformation, but failed to give precise definition for “information involving businesssecret” and clear scope charge, which result that, in practice, administration organkeeps confidential for the information satisfied disclosure requirement by“information involving business secret”. That violates the purpose of customization ofthe ‘Regulation’ and deprives public’s right to know and supervise, which is notbeneficial for the construction of government legal construction in China.The government information involving business secret is a controversial categoryin government information disclosure regulation. Which information belongs to issueinvolving business secret? Which information belongs to government information involving business secret? Should the information to be published? Precise definitionof business secret in government information disclosure regulation, and balancing thepersonal interest from business secret and public interest involved in governmentinformation, are the key points to prevent information non-disclosure ofadministration organ by “issue involving business secret”.Firstly, the Thesis would collect detailed definition and scope of business secretin China’s legal system, analysis concept and legal feature of business secret andprecisely define the scope of business secret. Secondly, the Thesis would select sometypical cases to analyze, conclude and summarize with the purpose to search existingpractical problems in governmental information disclosure involving business secret.Based on these detected problems, the Thesis would further analyze the negativeinfluence and the necessity of revolution. Meanwhile, the Thesis will put forwardinterest balancing imagine as suggestion for detailed revolution design from theposition of balancing public interest and personal interest. In the end, based on theanalysis above, the Thesis will provide some revolution imagine with the purpose ofoptimizing government information disclosure regulation and promoting moreeffective execution.