■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Instantly, governmental information makes public a system to be perfected scientificly ceaselessly, governmental information has been pared gradually before mysterious veil, in the system how-to below, a large number of citizens and enterprise begin be apt to to apply for an executive authority to undertake publicity with respect to concerned information with relevant law. because of such, with information open and relevant administration is reconsidered reach contentious case to also be followed add a large number of generation, the process that application publishs is only medium involve numerous law issue. The case that applies for publicly to involve commercial secret with respect to information below undertakes brief analyse:
" information of government of People's Republic of China makes public byelaw "
The 14th executive authority ought to build perfect government information to release confidential examine a mechanism, make clear checkup program and responsibility.
Before the executive authority is publishing governmental information, ought to according to " People's Republic of China keeps national secret standard " the governmental information that concerns a regulation to be made public to drafting with etc law, code and country undertakes checkup.
It is OK that the executive authority cannot decide to governmental information when making public, ought to according to law, code and country concern director branch to perhaps keep secret with class working section decides about formulary newspaper.
The executive authority must not involve the governmental information of privacy of national secret, trade secret, individual publicly. But, classics obligee agrees make public or the involves privacy of commercial secret, individual government information that the executive authority thinks underground may cause major effect to public interest, can give open.
Be made public with respect to information and character, make public and keeping secret is two when governmental information publishs a system basic proposition. What law stipulated governmental information is made public is confidential examine a mechanism, also provide the exception that governmental information makes public, include 3 kinds of state: 1. Involve the governmental information of national secret, 2. Involve the governmental information of commercial secret, 3. Involve the governmental information of individual privacy, the existence of governmental information underground that involves commercial secret and individual privacy among them is exceptional, the governmental information that involves commercial secret and individual privacy namely is not absolutely underground, namely: 1. The obligee of governmental information classics that involves privacy of commercial secret, individual agrees to make public; 2. The governmental information that involves privacy of commercial secret, individual measures a decision to whether be made public through the interest by the executive authority, namely if this information underground is adverse social public interest, criterion the executive authority has authority to decide to make public.
Common citing, if the applicant applies for to concern wealth tax section with respect to the 3rd person (a certain enterprise) win some subsidy declare a file to undertake where manages publicity should be been like?
Below the premise that the information that checks application about the branch exists really, should start the commercial secret that keeps secret whether the information that examines a mechanism to judge application to make public can involve this the 3rd person above all, so, answer written ask for opinion of the 3rd person to whether agree to make public, if agree to be able to be made public; If do not agree, concerned branch needs to measure the issue of interest of public having damage further, so, although the 3rd year the person does not agree,also should give open.
Additional, according to " top people court makes public administrative case about hearing governmental news the regulation of a certain number of problems " (law commentate 〔 2011 〕 17) the 9th the 3rd: "The governmental information content that people court thinks via cognizance the accused does not grant to make public can make divisional processing, the content that ought to adjudicate the accused deadline can be made public publicly " regulation, close to applying for to publish content portion experience entirely, part not experience is close, to not the section with secret experience, concerned branch cannot in order to protect commercial secret shuffle underground.
Accordingly, what the executive authority is what safeguard information makes public is good fulfil lawfully, do not get all to be examined in order to keep secret for, or governmental information involves commercial secret or for individual privacy, nonperformance makes public the obligation of governmental information, must carry out lawfully however confidential examine a mechanism, agree through asking for obligee, carry out an interest to measure when its do not agree, the decision is open.
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