The Measurement Of The Protection Of The Third Party's Interests In Government Information Publicity

Government information disclosure is an important part of modern democratic politics,is an important step to deepen the construction of the government under the rule of law,and is an important content of comprehensively promoting the openness of government affairs.Since the implementation of the Government Information Disclosure Ordinance,what information is open to the scope of what information is not open to the scope of the case involving the disclosure of government information,the court how to balance the public right to know and personal information protection between Relationship problems,these are the past few years in the practical and academic circles continue to explore and study the object.The research of this paper mainly focuses on the protection of third party information in government information disclosure.This article is divided into four chapters,including the introduction,case introduction and case analysis,the relationship between citizens' right to know and the government information disclosure,the exception of government information disclosure: the protection of the legitimate rights and interests of third parties,the government information disclosure and the protection of the legitimate rights and interests of the third party.Interest measurement.The introduction part briefly introduces the background of this topic and the significance of the topic selection.Combining with the research situation at home and abroad,this paper expounds the research method and innovation of the thesis.The first chapter introduces the situation of the case and the case,from the trial practice involving third-party information disclosure case,through the legal analysis of the case,leads to protect the citizen's right to know how to take into account the protection of the legitimate rights and interests of third parties.The second chapter mainly introduces the relationship between citizens' right to know and the government information disclosure.The right to know and the right to know the essence of its political rights,has its corresponding rights and constitutional basis,and then come to the Government Information Disclosure Regulations China's citizens right to know the specific implementation and protection.It also introduces the connotation of government information disclosure and the characterization of government information disclosure.It also analyzes the basic connotation of openness as the principle and non-disclosure in the government information disclosure,and discusses the relationship between the right to know and the government information disclosure.The right to know is the right foundation of the design of government information disclosure system;the government information disclosure is the system guarantee to realize the citizen's right to know;the principle of government information disclosure and the exception establishes the right boundary of citizen's right to know;the government information disclosure lawsuit is the citizen's right to know Of relief.The third chapter emphatically introduces the exception of government information disclosure: the protection of the legitimate rights and interests of the third party.Expounds the necessity of the protection of the legitimate rights and interests of the third party,redefines the government information disclosure of the exception information: state secrets,trade secrets,personal privacy,and then draws our current legislative and judicial protection of the legitimate rights and interests of the third party The author points out that the legislative experience of the United States,Japan to draw lessons from China's legislation for the protection of the legitimate rights and interests of the third person through the vertical comparison,foreign information protection in particular.The fourth chapter introduces the information disclosure and the interests of the third party to protect the legitimate interests of the measure.This paper elaborates the origin and development of interest measurement,introduces the principle of benefit measurement into the biggest innovation of this article when the third party protects the legitimate interests,and elaborates from the aspects of legislation,law enforcement and judicature respectively.In the legislation,it is proposed that the "Regulations on the Open Government Information" be raised to the legal level,so as to link up with China's "Secrecy Law","Archives Law",Civil Tort Law and other laws,and should speed up China's trade secrets,personal privacy Legislation.In administrative law enforcement,it is suggested to provide a "period of hesitation" for third parties when disclosing third-party information,that is,when an administrative organ makes a public decision after weighing the public interests and the legitimate rights and interests of the third party,it should promptly Decision and its reasons and the period during which the decision is made open to the public,and to provide a certain interval to the third party prior to the implementation of the disclosure decision.This interval we generally call the hesitation period.During the period of hesitation,the administrative organ can not carry out the act of publishing the government information while the third party has the right to bring an administrative reconsideration or an administrative litigation within this period.In the judicial review,it is proposed to improve the scope of application of the principle of distinction and conditions;the second is set up in the hearing to hear and listen to the views of stakeholders special procedures.In the public information litigation,the applicant is usually as a plaintiff to participate in the disclosure of third parties involved in trade secrets,personal privacy of government information,third parties may be involved in its own legitimate interests as an interested party to apply for participation in the proceedings,The court added it as a third person.If the third party in the open anti-information proceedings,the applicant can also be included as a third party to participate in the proceedings or additional proceedings,but the need for the court to review the use of non-public unilateral review.