The Conditions Of Public Enterprises And Institutions Information Disclosure Administrative Litigation

Whether public enterprises and institutions can serve as the subject of disclosure,Whether in information disclosure theory or in practice,it is a niche issue.To be more precise,it is a special problem of China’s government information disclosure system and practice.By investigating Chinese referee document net,we can find,In a small number of such cases,some judgments adhere to the traditional theory of administrative subject,dismiss the case on the grounds that the subject is not qualified,while some judgments directly avoid the subject qualification of the defendant,the suit was dismissed on the grounds that the refusal to make public was reasonable.It is of great significance for both theory and practice to demonstrate the administrative litigation of information disclosure in public enterprises and public institutions,on the one hand,it solves the theoretical blank in the research of public enterprises and institutions information disclosure administrative litigation,on the other hand,it also seeks new solutions to the difficulties encountered in the trial practice.The article is divided into four parts,as for such cases,to solve such cases can be included in the scope of administrative litigation,it is necessary to make clear that public enterprises and institutions have the status of administrative subjects,determing the qualification of public enterprises and institutions as the original defendants in China’s public information litigation,accurately define the scope.The first part demonstrates that public enterprises and institutions have the status of administrative subject,the author demonstrates from three aspects: the diversification of administrative subjects,the reconstruction of administrative subjects.The second part accurately ascertained the plaintiff’s qualification in such disclosure lawsuit,first of all,the author puts forward the mistaken identification of the plaintiff’s qualification in the public enterprises and public institutions information disclosure litigation trial,secondly,the conditions and scope of the qualification of the plaintiff are proposed.The third part accurately defines the defendant qualification in the public information disclosure litigation of public enterprises and institutions,the author sets out from three angles: the criterion of admissibility of administrative litigation,the realistic demand and the theory of reconstructing administrative subject.The fourth part is the scope of information disclosure of public enterprises and institutions.Only the scope of information disclosure is addressed,can makeclear which public enterprises and institutions information disclosure cases can be included in the scope of administrative litigation.