Research On The Issue Of Government Information Disclosure Involving The Rights And Interests Of Third Parties

The new government information disclosure regulations(hereinafter referred to as the "Regulations")were formally implemented on May 15,2019.Compared with the old "Regulations",the new "Regulations" no longer require applicants who apply for disclosure must meet the "three needs" conditions,so that government information can be disclosed to more people,and the government can better perform its functions through information disclosure.Maintain the public’s right to know and supervise.However,the information obtained and mastered by the government in the course of performing duties may contain content involving the rights and interests of third parties.If it is improperly disclosed,it may infringe the rights and interests of third parties.However,in order to avoid infringing on the personal privacy,trade secrets,and other rights of third parties,the non-disclosure treatment will also infringe the public interest.In order to avoid the two extreme situations of improper performance of duties by administrative agencies infringing on the rights and interests of third parties or infringement of public interests by passive omissions,administrative agencies need to weigh their interests and make correct judgments.The performance of the administrative agency’s responsibilities for the disclosure of government information is related to public welfare and third-party private interests,and it is also linked to the image of the government.Therefore,it is very important for administrative agencies to perform their government information disclosure responsibilities correctly and reasonably.Through the analysis of relevant cases,the issue of how administrative agencies should perform their duties in the disclosure of government information involving commercial secrets and personal privacy is studied.By sorting out and introducing relevant litigation cases involving the disclosure of third-party rights and interests,we summarize the current deficiencies and deficiencies in the disclosure of government information about third-party rights and interests in our country,and analyze the reasons and specific problems behind them,and then proceed from the administrative From the perspective of self-discipline and legislative and judicial constraints,we propose solutions to related issues in order to improve the level of government information disclosure,build a service-oriented government,and promote the construction of a country under the rule of law.