| In house expropriation and compensation activities,citizens are most concerned about the fairness and rationality of compensation behavior,and the disclosure of compensation information has gradually become a key task of expropriation administrative agencies.However,there are still many problems in the specific implementation of the "Regulations on Disclosure of Government Information" and the "Regulations on Expropriation and Compensation of Houses on State-owned Land".Coordinating the relationship between information disclosure and citizens’ right to privacy in house expropriation compensation is the focus of the implementation of the information disclosure system in house expropriation compensation.The wide range of citizens involved in such cases and the number of administrative agencies involved all pose difficulties for the court to make judgments on relevant government information disclosure cases.Due to the certain distinction of the nature of land,the compensation system for house expropriation on state-owned land is clearer than that of collective land.This article focuses on setting the scope on state-owned land and launching an exploration and research on the disclosure of compensation information for house expropriation.At the same time,it also provides a reference and demonstration for the information disclosure system of compensation for house acquisition on collective land.Whether the government supports the use of relevant compensation information for all households in housing expropriation as the object of government information disclosure,there are some conflicts in legal norms,expropriation links,and judicial practice.As the law defines the scope of citizens’ privacy rights and the application of exemptions are rather vague,and there is no specific description of the household compensation that should be made public,this has led the administrative agencies to grasp greater discretion in the process of publicizing housing expropriation compensation information.The right to make the law enforcement in the housing expropriation compensation information disclosure quite different,and also led to a large difference in the judgment results of many government information disclosure litigation cases in the housing expropriation.This article aims to explore and analyze cases through theoretical inquiry,case analysis,data analysis and other research methods.On the China Judgment Documents website,we searched with the keywords of “house expropriation,”“information disclosure,” and “privacy”,and set the magistracy level to “high court”.Among the cases concerning household compensation and privacy rights,65 are valid.Here we take 65 verdicts as samples to explore them.In the first part,through the introduction of cases and statistical analysis of 65 cases in the database,it sorts out the current situation of the conflict between government information disclosure and citizens’ right to privacy in the field of housing expropriation and compensation in my country.At the same time,the method of case analysis and data statistics is used to find the conflict between the two,and to explore and summarize the problems of the conflict.The second part is to clarify the definition and content of government information disclosure and citizens’ privacy rights in housing expropriation and compensation,and to clarify the nature of the conflict through the elaboration of related theories.The third part is to further analyze the reasons for the conflict between the disclosure of housing expropriation and compensation information and the privacy of citizens.The fourth part is about the coordination of information disclosure and citizens’ right to privacy in housing expropriation and compensation,and proposes suggestions on the principles of application,the improvement of legal norms and the construction of mechanisms. |
