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Prevent Information Disclosure Of Litigation Research

Posted on:2015-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2296330467968057Subject:Administrative law
Abstract/Summary:PDF Full Text Request
Administrative organs set up information disclosure system, to a certain degree to realizethe distribution rights of administrative relative person for the information. however when thepublic information related to the rights and interests of a third person, such as privacy orcommercial secrets, public information and can damage to the third person’s right to privacyand business secrets. Cases in the current information disclosure of the third people oftenmention the information publicly available to maintain their own rights and interests, but nowthe laws for the regulation of public lawsuit against information is not perfect. From valueafterwards relief lawsuit system to the information disclosure of preventive action in advance.The information public litigation with past ordinary administrative litigation has greatdifference. It has great superiority. Information disclosure is in the level of the citizens’ rightto know, and the information in the protection of privacy and business secret in public lawsuitis the Angle of thinking. Information disclosure and the both sides of the information public isa problem, cannot be ignored. But in the information public prosecution and trial rules areunclear, many problems are not only principled stipulations effective operational measures, sofor the investigation of these questions for the information public litigation smoothly andrelated human rights protection is of great significance.In addition to the introduction there are four parts in this paperThe first part, first of all, starting from the basic theory of public lawsuit againstinformation, information in the analysis of the concept of public lawsuit against informationof preventive and temporarily stop the execution of public lawsuit, secondly analyses the legalbasis of public lawsuit against information, the information public lawsuit is to protect thecitizens "privacy" and the needs of the business secret, is also the administrative relativeperson and the requirement of the administrative relative person rights and interests balance,in the final analysis our country to establish the information public lawsuit system of purposeand meaning: to protect personal privacy and business secrets, help to perfect our country’srights and interests protection way and promote the reform of the system of administrativelitigation of our country.The second part, mainly inspects the information public lawsuit system developmentpresent situation, from the current legislation system in our country, analyzes the presentsituation of our country and the insufficiency, and the information public lawsuit system of foreign content parsing, finally, in the case of Chinese and foreign contrast, analysis ourcountry in building the information public lawsuit system should be the reference andabsorption.The third part, on the basis of above analysis, discuss the information public lawsuitsystem of our country in the issues of the prosecution rules and analyzes the legal basis toprosecute in the prosecution rules and prosecution of the problem.The fourth part, the paper analyzes the problem of the information public lawsuit trialrules. Divided into law in the trial judge and fact judge and procedural aspects of the review.Then analysis the information public litigation sentence types, such as an injunction, paymentdecision, cancellation, compensation decision.In a word, through the establishment of the information public litigation system toprotect the public in the process of administrative relative person’s legitimate rights andinterests, to protect personal privacy and business secrets shall be inviolable.
Keywords/Search Tags:preventive action, administrative proceedings, personal privacy, aPrevent information disclosure of litigation
PDF Full Text Request
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