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《政府信息公开条例》实施以来,我国公共企事业单位信息公开诉讼仍在实践中艰难前进,鲜有案件进入诉讼领域。鉴于公用企事业单位的特殊性,立法并未对该类诉讼做详细规定,仅要求“参照”政府信息公开的规定。因而,对公共企事业单位信息公开诉讼的当事人资格进行研究,通过分析公用企事业单位的特殊性,理清原被告资格,有利于信息公开诉讼的有效进行。对保障公民的知情权,促使行使公共管理职能的企事业单位能够有效接受司法审查具有重要意义。
Since the implementation of the “Regulations for the Disclosure of Government Information”, the public litigation of public information in public enterprises and institutions in our country has been going through a difficult journey in practice. Few cases have entered the field of litigation. In view of the particularity of public enterprises and public institutions, the legislation does not provide detailed provisions for such litigation and only requires “reference” to the disclosure of government information. Therefore, studying the qualifications of parties involved in the public litigation of public enterprises and public institutions, analyzing the particularity of public enterprises and public institutions and clarifying the qualifications of the original defendant are conducive to the effective conduct of information disclosure litigation. It is of great significance for enterprises and public institutions that exercise public management functions to effectively receive judicial review of the protection of citizens’ right to know.