Study On Protection Of Third Party Rights In Government Information Disclosure

The Regulations of the People’s Republic of China on the Disclosure of Government Information(hereinafter referred to as the Regulations),which were updated in 2019,defined openness as the standard,strengthened citizens’ right to know and pushed government transparency to new heights.However,the protection of the rights of the third party is equally important.If we ignore the protection of the rights of the third party,it will not only affect people’s confidence in the legal system of government information disclosure,but also affect the ultimate realization of the purpose of information disclosure.Therefore,this paper chooses the protection of the rights of the third party in government information disclosure as the research perspective.This paper is divided into four parts.The first part takes the basic theory of the third party as the starting point,through the analysis of the administrative counterpart and the administrative related person,defines the legal status of the third party,determines the scope of the rights of the third party in combination with the provisions of the regulations,defines the connotation and extension of the third party,and analyzes the value of the protection of the rights of the third party based on the balance theory.The second part,from the perspective of the provisions of foreign countries,analyzes and summarizes the provisions of the United States,Japan and Canada on the protection of the third party from the two aspects of administrative procedures and legal remedies,and draws on the protection mode of the combination of prior notice procedure and prior relief.The second part analyzes and summarizes the provisions of the third party protection in the United States,Japan and Canada from the perspective of the provisions of the foreign countries from the aspects of administrative procedure and legal remedy,and draws lessons from the protection mode of the combination of prior notification procedure and prior remedy.The third part,from three perspectives of legislation,administration and justice,combined with legal provisions and relevant cases,respectively summarizes the implementation status and existing deficiencies of third party protection.China has improved the third party protection system by increasing the reply period,establishing the principle of differentiated information processing,and adopting the methods of closed trial.However,there are still some problems,such as the vague standard of interest measurement due to the uncertain legal concept,the formal and lack of integrity of administrative procedures,the large discretionary power of administrative organs,the legal relief is still mainly after the event,and the formal review is mainly in the trial,and the administrative organs are lazy in interest measurement and so on.In the fourth part,the author puts forward suggestions to improve this paper.The principle of proportionality is used as the discretion principle of conflict of interest in legislation,and the principle of due legal process is used to refine the prior notice procedure.In the procedure of notice in advance,the content of notice should be detailed,the hearing procedure should be increased,the system of separating publicity from execution should be set up,and the third party can provide timely and effective relief while restricting the discretion of the administrative organ.In the legal relief,the temporary protection system is constructed with the lawsuit injunction to carry out preventive protection,the substantive review of the interest measurement is carried out in the trial,and the supervision relief is carried out through the establishment of neutral information disclosure review organization.