Research on the Definition of Trade Secrets in Government Information Disclosure
The newly revised"Regulations of the People's Republic of China on Government Information Disclosure"has established the principle of"disclosure as the norm,non-disclosure as the exception".However,Article 15 lacks clarity in defining the standards for trade secrets.Administrative agencies primarily rely on the"Law of the People's Republic of China against Unfair Competition"when making judgments,but the ambiguity of the regulations has led to excessive discretionary power for administrative agencies.Sometimes,they refuse to disclose information on the grounds of involving trade secrets,ignoring the applicant's right to know,the third-party consultation procedures,and the public interest.This is not conducive to the construction of a government based on the rule of law.In response to this issue,the study recommends to clarify definition,standards of trade secrets,optimize the exemption procedures,and establish an independent review body for supervision.This will improve the system of government information disclosure,and enhance government transparency and credibility.
government information disclosuretrade secretsdefinition standards
国家科技期刊平台
NSTL
万方数据
