Research On The Legal Regulation Of Government Public Data Open In The Big Data Era

With the advent of the era of big data,data is increasingly becoming an important means of production and a strategic resource for the country.The government has a large number of basic and critical data resources,because of departmental interests,or based on technology barriers,government departments have failed to achieve the sharing of data flow,data idle and data silos phenomenon are still more prominent.Government public data is essentially a public product,and the opening of government public data is a basic function that the Government should perform.In recent years,the opening of government public data has become a hot topic of the whole society,and the relevant practice has been advanced rapidly on a global scale.The opening of government public data can create enormous political,economic and social values.Developed countries began to practice the opening of government public data earlier,and also made remarkable achievements.In recent years,our government has also begun to realize the great value contained in government public data,and has also actively promoted the process of opening government public data.However,due to the imperfection of the legal regulation of data opening,the opening of government public data is still faced with various obstacles in practice,and the opening of government public data in China is still in its infancy.It is necessary to speed up the pace of legislation on the opening of government public data and provide a strong legal impetus and institutional guarantee for the opening of government public data.Based on the background of promoting the opening of government public data in China in the era of big data,this paper analyzes the main problems of the opening of government public data in our country at present.Through the investigation and reference of the experience of opening legal regulation of government data in developed countries,this paper puts forward some countermeasures and suggestions to improve the open legal regulation system of government public data,aiming at overcoming the bottleneck and problems which the opening of government public data face,and providing strong legal guarantee for the opening of government public data.Promote the process of opening public data in our government.This article is divided into six chapters:The first chapter introduces the purpose and significance of the research,the current research situation at home and abroad,as well as the research methods of this paper,innovation points and shortcomings.Chapter ? Summaries of the opening of big data and government public data this paper expounds the concept and legal attribute of big data and government public data.By comparing and analyzing the connection and difference between the opening of government public data and the disclosure of government information,the logical relationship between the two is clarified.Then it analyzes the role of government public data opening in optimizing market supervision and macro-control,breaking data monopoly,promoting the healthy and rapid development of digital economy,and promoting the construction of service-oriented government.Chapter three analyses the bottleneck of our government's opening of public data.At present,the opening of public data in our government is mainly faced with the problems of insufficient motivation,poor mechanism and weak ability.The biggest reason for the lack of motivation is the inadequate supply of legislation on data openness and the weak supervision over the operation of administrative power;the poor mechanism points out the inconsistency between the subject of obligation and the subject of right of government data openness,as well as the conflict between data openness and personal privacy,business secrets and state secrets protection;the weak ability includes the lag of the construction of data open platform,lack of technical support,poor management system and so on.All these hinder the opening of government public data.Chapter ? is to review and draw lessons from the experience of legal regulation in developed countries.Through the systematic analysis of the legal regulation experience of data opening in the United States,the United Kingdom and South Korea,this paper summarizes the beneficial enlightenment to our government's public data opening.In chapter five,the countermeasures and suggestions to improve the legal regulation system of public data opening in our government.This chapter proposes that: first,we should speed up the pace of legislation,enact the Law on Opening Government Data,improve the supporting laws,regulations and implementation rules;secondly,we should balance the relationship between open government public data and private rights protection,public security protection,and promote compatibility;Finally,we should establish the organization and coordination mechanism of government public data opening,improve the review,evaluation and supervision accountability mechanism of government public data opening,improve the relief system of government public data opening,and introduce the incentive mechanism of government public data opening.In the sixth chapter,the author concludes with a summary of the topics discussed in this paper,and points out the shortcomings of this study,as well as the prospects for the future.