Zhou Hanhua: Disclosure of Information about Public Welfare Undertakings by Administrative Organs

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Recently the General Office of the State Council Issued the Opinion on the Disclosure of Government Information in the Field of Public Welfare Undertakings, which puts forward the plan of realizing the disclosure of government information in all fields and at all links of the construction of public welfare undertakingswithin three years, so as to ensure the equal and fair allocation of public interest resources. Recently, Professor Zhou Hanhua, Assistant Director of CASS Law Institute, was interviewed by the newspaper Economic Daily on the content and significance of this Opinion. In the interview, Professor Zhou pointed out that the Opinion has selected seven areas of public welfare, including poverty alleviation and social assistance,as the key areas for strengthening the disclosure of government information because it has taken into consideration the scopes of public interest undertakings and public interest activities provided for by the Law on Donations for Public Welfare and the Charity Law.The seven key areas are those closely related the livelihood of the people, especially the poor people, and therefore the people’s demand for the disclosure of government information in these areas are stronger than in other areas. Moreover, the Opinion also requires government at various levels and relevant departments under them to further determine the government information about other public welfare undertakings in theirrespective areas or industries in light of the characteristics of these areas and industries.

Professor Zhou also pointed out that the Opinion emphasizes that the subjects of openness of the disclosure of information in the field of public welfare undertakings should be administrative organs at various levels. The information about the public welfare undertakings of public enterprises and institutions and charitable organizations is not government information, and therefore is not subject to compulsory disclosure or should be disclosed on a voluntary basis. It is not appropriate for the government to adopt normative documents on the compulsory disclosure of such information. With regard to the work of disclosure of information by public enterprises and institutions and charitable organizations, the competent authorities may adopt concrete measures and raise corresponding demands in accordance the supervisory functions and powers given to them by laws and administrative regulations, for example, the Measures for the Disclosure of Information by Institutions of Higher Learning, promulgated by the Ministry of Education and Guiding Opinions on Advancing the Openness of Hospital Affairs in a Comprehensive Way, promulgated by the Ministry of Health. The Opinion also requires the competent authorities to perform their supervisory functions and guide and supervise public enterprises and institutions and charitable organizations in their work of disclosure of information.