弱势群体政府信息获取保障中的权利冲突与平衡研究

On the Conflict and Balance Study of Rights to the Vulnerable Group in Government Information Access Processes

弱势群体对政府信息的有效获取是解决其信息贫困问题的关键。而确保弱势群体有效获取政府信息,就需要保障弱势群体信息获取权的实现。这又必然涉及相关主体的利益关系,引发公权与私权之间、公权与公权之间的冲突,为此需要构建相应的平衡机制。平衡公权与私权冲突的机制是:实行弱势群体整体利益公共化原则;实行政府信息公开推定原则;确保弱势群体信息获取权获得救济原则。平衡公权与公权之间的冲突,首先且始终需要从平衡公权主体所代表的根本利益着手,然后通过法律规范将这种利益、权力及其相互关系表达和体现出来。

In the information society, That effectively acquire government information by the vulnerable group is the key to sovle the problem of information poor. To smooth out this negative impact, the right of access to government information held by the vulnerable group must be guaranteed. However, this must in- volve profits relationship of relating stakeholders and will lead to conflicts of various rights, there are con- flicts between public rights and private rights and conflicts between public rights and public rights. There- fore, a corresponding balance mechanism need to establish. In order to balance conflicts betwwen public rights and private rights, the mechanism need to carry out the principle of overall interests publicity of the vulnerable group, the principle of government infomation disclosure presumption, and the principle of ensur- ing the information access right of the vulnerable group that could get relief. While in order to balance conflicts between public rights and public rights, fisrt, the mechanism must start from balancing fundamen- tal interests that power subjects represented all along, and then make this kind of interests, rights and in- terrelations expressed and reflected through legal norm.