Research On Legal Issues Involving Trade Secrets In Government Information Disclosure

Since the Regulation of the People’s Republic of China on the Disclosure of Government Information(hereafter called The Regulation of Government Information) has become effective, the regulation not only promote the transparency of government administration, but also effective access to government information for citizens to provide a legal guarantee. However present "The Regulation of Government Information" the stipulation is not very comprehensive in the disclosure of the trade secrets information, such as the definition of trade secrets has not been made clearly and the regulation for disclosure exemption is not elaborated. The administrative refuses to disclose some information due to the wide discretion, on the excuse of "for public information for commercial secret" or "there is no significant influence is not open to public interests". Meanwhile there is no comprehensive review of whether the information meets the open standards. The above approach not only has violated the regulations set by the legislation purpose, also violated the citizen’s right to know. Involved in commercial secrets of the government information disclosure practice, the administrative organ’s first duty is to determine whether the information in accordance belongs to the trade secret, and whether the information conform to open standards. In this article, takes the "the lawsuit of the ministry of agriculture of the government information disclosure from Yang Xiaolu and other three citizens the ministry of agriculture of the government information disclosure" as an example, mainly discussed the definition of trade secret and the exemption rules in practice use. Through deep analysis, in order to solve the above problems the clearly definition of trade secret should be stipulated in the regulations and its scope should not be limitless. It is also very important to take appropriate standards between the public interest and private interest and improve the system of administrative organs of the review. Comprehensive review should be made in information disclosure. The discretion of administrative should also be limited according to law.