On Public Enterprise Information Disclosure

With the implementation of the Regulations on the Disclosure of the Government Information, China has made much progress on the system construction. But on the other hand, as the special subject in society, though different from the administrative organ, the public enterprises also assume the obligation of disclosing information. The related laws and regulations are deficient in the information disclosure system of the public enterprises and thus the problems following in the actual execution. Improve the information disclosure system of public enterprises has important significance for the norms of the operators of public utility enterprises, and the protection of civil rights.The method of empirical analysis and comparative analysis are taken in this paper to discuss the information disclosure system of the public enterprises. Based on the available cases, the research approach is constructed by sorting the domestics and overseas research status aiming at the problems of the cases.The article is divided into four parts. The first part analyzes the public enterprises and their functions. At the beginning of the first part, the article defines the concept of the public enterprises and analyzes the particularity of the public enterprises. Then, the article elaborates the basic function of the public enterprises from two facts as following:one is the security function to provide public goods and services; another is the function to stabilize the market price. Finally, the article discusses the relationship between the public enterprises performing functions and the information public.The section part of the article analyses the value of disclosing the information of public enterprises. The value of the information disclosure of public enterprises reflects the following facts:in the fact of safeguarding the civil rights, disclosing the information of public enterprises is not the need to protect the right of life and development of people, but also the need to protect their right to know, the right to participate and the right to supervise. In the fact of promoting the government to perform their duties of supervises, it also plays an important role. Disclosing the information of public enterprises is conducive for the government to introduce a market controls, price controls and the production and management controls on public enterprises. At the same time, disclosing the information of public enterprises is the need to promote the development of public enterprises, such as introducing competition mechanism and fulfilling the responsibilities. The third part of the article takes an empirical analysis on our public enterprises. Firstly, discuss the legal basis of the information disclosure of public enterprises from four aspects:the constitution and the law, the administrative law and regulations of the State Council, the departmental rules and regulations of the State Council, and the local laws and documents. Then, the article discuss the problems existing in the process of disclosing information of public enterprises, including the problems of the system and the problem taken place in the actual performance.In the forth section of the article, some countermeasures are proposed to improve the information disclosure of public enterprises. At first, the article elaborates some foreign measures to solve the same problem and the significant in China. Then, in connection with the problems existing in the system and the performance of information disclosure of public enterprises, three countermeasures are put forward. The countermeasures include that improve the legal system of information disclosure of public enterprises, strengthen the regulatory oversight and improve the legal relief mechanism.