Research On The Definition Of "trade Secret" In The Exception Of Environmental Information Disclosure

Environmental information disclosure refers to the main body that holds environmental information,and at the same time has the obligation to disclose its information to the public,and to disclose environmental information in various ways in accordance with the law to protect the public's right to know the environment.China's environmental information disclosure legal system includes exceptions to environmental information disclosure,which requires relevant entities to ensure accurate and timely disclosure of environmental information,while not disclosing national secrets,business secrets,and personal privacy.Such regulations are environmental information.Exemptions in disclosure.However,in China's legal system for environmental information disclosure,the rules on how to define "business secrets" are too vague and the principled rules cannot solve the problems in practice.Therefore,it is of great significance to study the definition of trade secrets in environmental information disclosure.In practice,trade secrets have become a shield for the government to refuse to disclose.Once trade secrets are involved,applicants for information disclosure have great difficulty in obtaining evidence.The government has greater discretion.Therefore,the government often defines trade secrets.Vagueness was the reason for rejecting the application for information disclosure.Moreover,although China's "Measures" and "Regulations" provide that "environmental information that may have a significant impact on the public interest" can be exempted from disclosure,this provision is too abstract and simple and is only a principled provision.The definition of "" and the boundaries of "significant impact" are not clearly defined.This makes the definition of trade secrets in environmental information disclosure in practice confusing.Aiming at the problems in practice,this thesis studies the criteria for determining trade secrets in the exception of disclosure of environmental information,the issues in determining paths,and the issues of relief.The specific work includes the following aspects:The first chapter first expounds the scope of exceptions in the environmental information disclosure system,and clarifies the specific principles of exceptions to environmental information,and the theoretical citation of the right to know in the environmental information disclosure system.Secondly,focus on the business secrets in the scope of the exception,and clarify the right to confidentiality of trade secrets from its meaning and discussion of property rights.It is precisely because of the conflict between the public's right to know environmental information and the right to confidentiality of trade secrets that the environmental information The problem when it comes to trade secrets.The second chapter discusses the criteria for defining trade secrets.The public interest test is a method recognized by the academic community,but the specific method of public interest test is not specified in the existing articles in China,so it leaves a vague space for discussion in the public interest test..Starting from elaborating the meaning of public interest and the principles of measurement,it further discusses the respective protection boundaries of trade secrets and public interests,so as to explore the practical methods and improvement measures for the definition of trade secrets in environmental information.The third chapter focuses on the negativeness of administrative agencies in the definition of business secrets in environmental information.The analysis shows that the negative performance of administrative agencies is caused by their self-interest attributes,lagging ideas,and excessive discretionary space..Whether the administrative organ has the obligation to measure the benefits,or whether it has the decision-making power to determine that environmental information involves commercial secrets,are all questions left by the unclear provisions of the law in practice.The fourth chapter discusses the definition of commercial secrets in the judicial review process.First,the respective judicial identification standards of the three constituent elements of commercial secrets are clarified.The current situation and dilemma of judicial review in the judicial review process are highlighted,and the burden of proof and The importance of rules such as evidence cross-examination,practical suggestions are given from subtle rules,and it is hoped that effective relief can be formed for the definition of trade secrets during judicial review.