Research On The Information Disclosure Guarantee System Of Public Enterprises And Institutions

In 2008,the "Regulations on the Openness of Government Information of the People's Republic of China" was officially enacted,and public enterprises and institutions were defined as the statutory subject of information disclosure obligations.The biggest problem with the implementation so far is that it is difficult to implement this obligation.The fundamental difference between the statutory subject of information disclosure obligations and the non-statutory information disclosure obligations is that there is an external constraint to ensure the implementation of statutory responsibilities.The administrative agency's performance of statutory information disclosure obligations often does not have major problems,because there are binding mechanisms such as litigation and reconsideration.However,public enterprises and institutions do not have the qualifications of administrative subjects,and generally cannot directly participate in the administrative litigation and administrative reconsideration procedures.There is no strong security mechanism to maintain the effective operation of the system.Article 37 of the old "Regulations on Information Disclosure" stipulates that the information produced and obtained by public enterprises and institutions when they provide public services to the public shall be implemented in accordance with the provisions of the preceding paragraph.The "reference to implementation" provisions are for the purpose of granting public enterprises.The same information protection mechanism as the information disclosure of the administrative agencies has laid the foundation for the application of information disclosure activities of public enterprises and institutions into the scope of application of administrative reconsideration and administrative litigation.The newly introduced "Information Disclosure Regulations" stipulates the appeal system in Article 55,which provides a new guarantee for the effective operation of the system.However,it does not follow the "reference implementation" provisions,but only stipulates public enterprises.The information disclosure of public institutions shall be implemented in accordance with laws,regulations and relevant regulations.In response to the above changes,it is completely abandoning the“reference execution”,establishing an independent information disclosure system,or continuing to enrich the system's connotation on the basis of“reference execution”.This article discusses this and attempts to improve the effective operation of the public information system of public enterprises and institutions on this basis.First of all,this paper analyzes the connotation of public enterprises and institutions,public enterprises and institutions have a special nature,which is not a category of administrative subjects,but also has a big difference with ordinary enterprises.It analyzes the nature of its subject and the content of its powers,and draws the feasibility and inevitability of information disclosure of public enterprises and institutions.Secondly,starting from the problems that exist in the information disclosure system of public enterprises and institutions,the reasons for the problems are explored.Thirdly,it analyzes the overall status of Article 55 of the "Regulations on Information Disclosure" in the "Regulations on Information Disclosure" and unearths the specific connotation of "referencing" of public information disclosure of public enterprises and institutions.The article cites the typical specific provisions of the current authorities on the issue of information disclosure of public enterprises and institutions.By comparing with the "Regulations on the Openness of Government Information," the links and differences are summarized and the specific measures are found for public enterprises.The regulation and relief of the unit information disclosure system is relatively vague.At the same time,in the legal practice,the application of administrative reconsideration and administrative litigation is controversial,and it is impossible to effectively protect the people's right to know.Finally,combining the theory of administrative law with judicial practice to supervise and guarantee the information disclosure system of public enterprises and institutions,it is considered that the supervisory responsibility of the higher authorities should be increased,a reconsideration system similar to administrative reconsideration should be established,and the information disclosure of public enterprises and institutions should be improved.Administrative litigation system.