Research On The Law Of Information Disclosure In Public Enterprises And Institutions

Article 37 of the old "government information disclosure regulations" has been implemented for many years,encountered public enterprises and institutions information disclosure obligations of the main body of the identification of vague standards,no provisions on the prohibition of public matters,the provisions of authorization and the application of the law unclear positioning,rights relief is not in place.Section 55 of the new Government Information Disclosure Ordinance of 2019 replaces the original section 37 and removes the "reference to this Ordinance" provision.This clarifies the nature of the authorized legislative provisions of Article 55,and effectively urges the State Council and local government departments to formulate a supporting system for the public information disclosure of public enterprises and institutions;Article 55 clarifies that appealing to administrative units is the legal right remedy for public enterprises and institutions.Article 55 also left behind the public enterprises and institutions information disclosure obligation subject identification standard is not clear,the administrative appeal relief way is too single and the relief strength is insufficient and so on.The feasible reform idea is to establish the special law of public enterprises and institutions information disclosure,and set administrative litigation and administrative reconsideration as the final right relief means for the parties who do not accept the result of the appeal.The thesis is divided into four parts,the first part is the introduction,mainly introduces the research significance and goal,the domestic and foreign research present situation,this article innovation point and so on;the second part summarizes the public enterprise information disclosure theory knowledge,mainly includes the public enterprise unit connotation,the function classification,the characteristic;the public enterprise unit information disclosure significance,the feasibility,the particularity and so on;the third part analyzes the public enterprise unit information disclosure implementation question,including the old regulation article 37 implementation question and the present government information disclosure regulation article 55 pertinence adjustment and the remaining question;The fourth part puts forward the idea of perfecting the implementation of information disclosure in public enterprises and institutions in China,including special legislation,clarifying the subject of obligation,clarifying the situation of non-publicity and increasing the way of relief.