The Scope Of Public Enterprises And Institutions Of Government Information Disclosure

With the advent of the welfare privatization, public enterprises and institutions have been included in the Disclosure of Government Information. However, the society has not prepared yet. Three aspect are not well-built:first of all, the existence of the obscure and deficiencies in the legislation; secondly, the lack of unified judicial recognized standard; thirdly, the public do not reach a common consensus of information disclosure by the private subject. conclusion, an unified judicial recognized standard is needed to determine the scope of public enterprises and institutions.This article will detailedly introduce three types of standards used by the states in the U.S., then combining with the chinese characteristics of the Disclosure of Government Information and the background of public enterprises and institutions, the author will put forward the feasibility of the "public function" standard to explain the concept of public enterprises and institutions.In addition to the introduction paragraph, this article is consisted by three parts.Part Ⅰ, overview of the disclosure of government information in china and U.S.. This part will analysis the similarity of the system design and the existing problems, then proposing the method adopted by the U.S. in determining the scope of the private subject.Part Ⅱ, the standard for the obligation of information disclosure of private subject in the U.S. States. this part will introduce and compare the three widely recognized standards adopted by the states:the "totality factors" standard, the "public function" standard and the "public information "standard. this part is the key of this article.Part Ⅲ, the enlightenment of the U.S. State experience. This part will analyse the applicability of the U.S. experience and propose the specific standard that china can apply——"public function" approach. Based on this, advancing the application status, application links, identified factors and monitor system of the "public function" approach to determine the scope of public enterprises and institutions.