Research On Some Issues Concerning The Rights And Interests Of The Third Party In Government Information Disclosure

The revision of the Regulations of the People ’s Republic of China on Government Information Disclosure(hereinafter referred to as the Regulations)means that China has established the principle of information disclosure that"openness is the normal state and non-disclosure is the exception",pushing citizens’right to know to a higher level and laying a solid foundation for building a " sunshine government".Under the government information disclosure system,we should first ensure the common development of the open system and the non-open system.Under the coordination of the government,the multi-stakeholder can achieve a dynamic balance.However,under the general trend of government affairs openness,many deficiencies of the system design are still exposed.Improper infringement of the rights and interests of the third party is common in judicial practice.For example,administrative organs will refuse to disclose the information of the third party in a one-size-fits-all way or make decisions directly according to the reply of the third party without further evaluation after consulting the third party.The text aims to summarize all kinds of problems involving the rights and interests of the third party through the study and analysis of judicial cases,and then make a legal analysis of the problems,on this basis,propose remedies in terms of administrative procedures and judicial system.This paper is divided into three parts.The first part is the brief introduction of the case and the summary of the focus of the dispute.From the perspective of the administrative litigation caused by the disclosure of three government information,it summarizes the focus of the dispute and leads to the key issues discussed in this paper,such as the definition of personal privacy and personal information.How to apply the differentiated treatment system and the "inaction" and "one-size-fits-all" in the procedure of soliciting the opinions of the third party.The second part,through the legal analysis of the first part of the summary of the focus of the dispute,the three issues of this paper are elaborated.Firstly,for the analysis of differentiated treatment,the connotation and importance of differentiated treatment are clarified first,and then two concrete paths of disposal and technology differentiated protection are put forward.Secondly,for the analysis of personal information and personal privacy,the connotation and extension of the two are expounded from three different perspectives:the Civil Code,the Protection of Personal Information and the Regulations,and the different definitions of the two under different laws and regulations are pointed out,so as to make it easier to define the difference between the two.Third,to consult the third party program analysis,starting from the theoretical basis of the program,leads to the process of the implementation of the program produced various problems;Fourth,the analysis of the interest measurement,elaborated the interest measurement of the connotation and operation procedures;Through jurisprudential analysis and the case of this paper,the judicial and law enforcement problems in government information disclosure are exposed.The third part,based on the above legal analysis,draws the conclusion of the case study,and further puts forward the suggestions from three aspects,that is,to set up an independent relief agency,and to set up an information review agency by learning from the experience outside the region.By applying the administrative compensation system,the scope of state compensation can be expanded in legislation,and the mode of administrative compensation can be adjusted to realize the convergence of various legal norms.The temporary protection system is set up in the litigation stop system,which is committed to providing the third party with full protection of the litigation process.