Study On The Measurement Of Interests In The Third Party Anti-information Disclosure Litigation

The promulgation and implementation of the regulations on government information disclosure of the People's Republic of China shows our determination and courage in building a law-based and sunshine government.In the process of government information disclosure,we advocate the openness of government information and call for the construction of sunshine government.Citizens have the right to access information,but the legitimate rights and interests of the third party are often ignored.In particular,the public interest requirement for information disclosure conflicts with the legitimate rights and interests of the third party for trade secrets and personal privacy,when the third party files an anti-information disclosure lawsuit.Public and private natural is a paradox,public interests and personal interests will not be in any case,on the contrary,the realization of the interests of the public will often cause the expense of private interests,the realization of the interests of the private generally also requires the public interest to make compromise,inevitably constitute a paradox of both were born in the government information disclosure system.From the practice of modern countries,how to find a proper balance between the public interest of government information and the legitimate rights and interests of the third party is a universal problem.Based on "YuXiajin and Yinzhou district government information disclosure litigation" a case as the breakthrough point,through combing with the result of the case and the referee,to find problem in this case in the process of interest measure,after a series of inductive analysis,from the case,return case,at the end of the article will be case typed,to better guide judicial practice.In the process of interest measure,the first thing to find there are different interests,the new "byelaw" the revision of article 32 declared the legal interests of third parties including but not limited to,trade secrets,personal privacy and public interest of abstraction and uncertainty is not the reason why we escape the measure,at least in the case of their own in the public interest.After the deconstruction of interests,the different interests that need to be measured are put in the same plane to be weighed and the interests are sorted.However,instead of simply "comparing the size" as we know,certain principles,procedures and burden of proof should be followed.By the first principle of public welfare and public preference for correlation analysis,to hear the reasoning of the parties and to special protection of the interests of third parties,reasonable use of the way of distribution of evidential burden in order to find out the case facts,a judge to eliminate some irrelevant considerations,finally make a lawful,reasonable and reasonable interests of the measure.The protection of the legitimate rights and interests of the third party is an important symbol to measure the rationalization of government information disclosure,as well as an important yardstick to judge whether the government is a democratic government,a law-based government or a sunshine government.In judicial practice,one party enjoys the right to know to supervise the government,improve the work efficiency of the government,and meet the interests of itself and the public.The other party enjoys unknown rights and interests such as trade secrets and personal privacy.In the process of litigation,we weigh the private interest and public interest,judge the interest rank and maximize the interest,which is the value we have been pursuing.