Theory On Disclosure Of Public Enterprises’Information

Since the implementation of "Regulations on Disclosure of Government Information of the People’s Republic of China" in2008, the disclosure of government information has been improved continually. With the decentralization of executive powers and emergence of private trend of administrative tasks, article37has gradually become the focus of discussion. In fact, some cases with public enterprises as the defendant have appeared, such as citizens’complaint of water companies, power companies. A number of problems have emerged in the litigation, such as the lack of legal basis and procedural safeguards, problems of legal remedies and some other issues. So the further improvement of law is in the need.In this paper, I will firstly list some cases between citizens and public enterprises. Then, I will analyze the controversy of these cases. In the following, I will discuss these key issues in four parts:The first part focuses on the standards of the identification of public enterprises as the subject of the disclosure of information. The problem that what kind of business can be counted as public enterprise can be considered from different perspectives. This paper concludes four standards:the standard of legislation expressly enumeration, the standard of public functions, the standard of government control standards and standard of information property. In the same time, the four different standards all have its advantages and disadvantages. The basic conclusion of this part is that in judging which companies need to undertake the disclosure obligations of public information, any single standard is not enough. We should combine the formal standards and substantive standards in individual cases in order to determine the subjects that have the disclosure obligations of information.The second part illustrates the scope of disclosure of the public enterprises’information. Firstly, the information of the public enterprises may be divided into two parts. One part is the information that public enterprises need to report to the authorities. The other part is the information that the public enterprises produce or obtain. Secondly, this paper will try to find the intensity for public enterprises to determine the scope of the disclosure of information. Thirdly, because the public enterprises have the nature of pursuing profit, we must study the relationship between the disclosure of information and protect of trade secrets. Finally, there will be some analysis of the problems and solutions that appeared in judicial reviewing the issue of trade secrets. In the third part, I analyze the procedures of disclosure of public enterprises’ Information. Firstly, the same information may exist in public enterprises and their corresponding administrative authority, which resulted in a problem of double open subjects. There will be different procedures between initiative disclosure and disclosure according to application. Simultaneously, other disclosure methods also exist. Secondly, there is a problem about the qualification of the applicant who applies for disclosure of information of public enterprises. Finally, if there is no direct relationship between the applicant and the information required to be disclosed, the public interest litigation issues will emerge.The fourth part focuses on our current regulations on the disclosure of information of public enterprises and the application of them. This paper will present a form of some current laws and regulations on the disclosure of information of public enterprises. Then I will analyze the application of these laws and regulations. Then I attempt to explore the future legislation mode of the disclosure of information of public enterprises.Finally, this paper will show that there are many difficulties for the disclosure of information of public enterprises, but we have to make mental preparations for the disclosure of public enterprises and make it better with a series of supporting measures.