Study On The Protection Of Third Party's Rights In The Publicity Of Government Information

The promulgation of the "People's Republic Of China Government Information Disclosure Bill"(hereinafter referred to as the "Regulations")marks the official establishment of the government information disclosure system in China.The openness of government affairs has become a trend.However,due to the defects of system design,the situation of third party rights being improperly infringed is becoming more and more obvious.In practice,the administrative agencies mostly adopt a "one size fits all" operation method for government information disclosure involving third parties,which leads to the emergence of two extreme phenomena:refusing to publicize the third party's information or rashly damaging the third party's rights.The purpose of this paper is to define the scope of rights of third parties,to explore the shortcomings of the current system design of government information disclosure and the difficulties in judicial review and to regulate from the perspective of administrative procedures and judicial relief.This article is divided into four parts.The first chapter is the theoretical basis of the full text.Firstly,the meaning of the "third person" is clarified and the third party's rights category is defined as two parts of trade secrets and personal privacy,followed by the third party's rights protection based on relevant legal norms.Significance.The second chapter mainly explains the legislative status of third party rights protection and the problems existing in legislation.From the three aspects of the Constitution,the "Regulations" and local legislation,this paper discusses the basis of protecting the third person right in the current government information disclosure,and points out that there are unclear definitions of important concepts,inadequate procedural provisions,and imperfect relief channels.The third chapter sorts out the judicial review rules and judicial review problems established in practice by screening relevant cases of third-party rights protection.The fourth chapter puts forward some suggestions for the protection of third party rights in government information disclosure,including detailed procedures for defining rights and notification,increasing the hearing procedure,establishing interval system,introducing Secret Review system,clarifying the principle of suspension of execution of litigation and setting up special relief agencies and other means.