Interpretation Of The Clause Regarding To Public Enterprises And Institutions’"Reference"

Public enterprises and institutions "refer to the implementation of the provisions of the Ordinance" are part of the Regulations on Government Information Disclosure to parse the meaning of the provision, it helps public enterprises and institutions finish information’disclosure work. Three aspects of understanding is a breach of the provisions, but also the information disclosure of public enterprises and institutions based on the law applicable. First of all, the main eligibility of public enterprises and institutions, included in the administrative body theory, there are many ways, including by way of legislation, including the judicial case, but the most fundamental of the administrative body of the Reconstruction of the Theory public decentralization based administrative body theory contains the public enterprises and institutions, its public interest related behaviors included in the regulatory areas of administrative law. Second, public enterprises and institutions, after all, the nature of the market players, only the public terms of behavior into administrative law, and the scope of the case will not affect the efficiency of its behavior classified as administrative proceedings.Finally, and most important part of the "reference implementation" understanding, not only to distinguish between "reference regulations" and "should refer to" guiding cases "reference", and should provide a workable reference to the implementation of standards. Reference of the implementation is divided into five different ways:basic terms should apply the right level of information disclosure, information publicity rights with industry characteristics, and does not have the characteristics of the industry "appropriate expansion of the power of interpretation.",exceptions of reference. Three elements of interpretation, given on the subject, behavior, as well as the results of the full legal rule logic analysis, to understand the meaning of information disclosure of public enterprises and institutions with reference to the enforcement of the Ordinance.