Research On Government Information Disclosure Involving Trade Secrets

New revision of the government information disclosure ordinance insist on information "in public,for normal,not open for exception",unfortunately,in public,except for matters,and although the regulations in article 15 new rules on the information involving business secrets for the relatively closed,but the commercial secrets of the definition,scope,content,not be clear,This is caused in the practice of administrative authority or the court can only be quoted in "anti-unfair competition law" in the judgement about the nature of the provisions of the commercial secret information,due to the field of private law "anti-unfair competition law" set purpose and the government information disclosure regulations in the field of public law pursuing aim,to some extent this limits the exercise of the citizen’s right to know and to supervise.In addition,administrative organs often refuse to disclose information on the grounds that the information involves trade secrets on the basis of unclear provisions,which disregards the applicant’s right to know,the third party’s right to consent and the public interest,thus not conducive to the construction of a government ruled by law in China.For this kind of situation,don’t let the administrative organ to openly as not involving the business secret government affairs information "shield" key,is to be centered on information disclosure legislation purpose,in the context of the government information publicity clear definition of business secret,scope and balance for private benefits brought by the commercial secret information with the government involved in the relationship between the public interest.Based on a large number of relevant cases,this paper analyzes the current situation and existing problems of government information disclosure involving trade secrets in combination with the definition and scope of trade secrets in the existing legal system.According to the existing problems,this paper puts forward some ideas,such as narrowing the scope of trade secrets in the context of information disclosure,refining the third party opinion consultation mechanism and coordinating the interests involved,so as to provide a contribution to improve the government information disclosure system.