A Study On The Legal Problems Of Government Affairs In China

In recent years, with the deepening of the reform of Chinese economic system, contradictions between different systems and mechanisms are emerging and China has stepped into a critical period of comprehensively deepening reform. Continuously deepening administrative reform, transforming from administrative government to service government and fulfilling the modernization of governance ability are goals of Chinese administrative at present. Big data has provided new path to innovate government social administration and created new chances. Viewing the international society, only by exploring to construct a more transparent and responsive democratic government can it satisfy citizens’ new demands for fine data in the era of Big Data.This article is made of five parts:The first part mainly introduces the definition of data and the connotation of government data open. The connection and difference between information disclosure and data open can be found through comparing government information disclosure. It shows the importance of government data open in modern government management.The second part introduces the design of government data open in two levels of the central and the local from two aspects of the standardization and management system, specifically in the standardized level to present the systematic design of government data open work from interpreting some standardized documents issued by the State Council and local governments, and to introduce the function adjustment in the system and characteristics condition of the platform operation.The third part makes analysis on existing problems in government data open work from two aspects of the standardization and the system. Security oriented legislation guidelines have not form a legislation structure with data open, internet security together with personal information protection. In the system, as the management system has not been completely and effectively established, the data open work has been influenced. There appear some problems during the promotion and application of local government data resource platform while promoting government data open work.The fourth part applies comparative analysis method to introduce some measures and systems in developed countries from aspects of standardization and system. It specifically introduces American legal system in the standardization. Meanwhile the communication connection mechanism of chief information officer has promoted government data open work from the system level, and public demand oriented data websites have provided platforms for data’s effective application.The fifth part has provided some countermeasures from aspects of the standardization and the system level for Chinese government data open work. The focus is to strengthen legislation work in the standardization level to achieve top-level design. In the central system level, further reinforce the coordinated efforts and clarify the duty positioning through function adjustment to construct a connection mechanism of “top leader + CIO” to promote data open coordination work. Complete data platform working mechanism, insist on the service concept and construct a governance state with multi-participation.