Research On Chinese Government Data Opening Legislation

Nowadays,in the era of big data,human society is inseparable from data,and economic and social development is closely related to data and cannot be stripped.Countries around the world continue to recognize the potential value of data,and the economic and social values contained in the data continue to highlight.As an administrative agency,the government has a large amount of data resources.In order to meet the production and life needs of the public,it has become a general trend from government information disclosure to government data opening.Government data opening has also become the best interpretation of a service-oriented open government.With the State Council’s vigorous support for the development of the new generation of information technology industry and the successive promotion of the big data development action outline and Internet government service and other relevant policy documents,new requirements have been put forward for the opening of government data at all levels of government across the country.At present,China has no unified legislation at the central level,and some local provinces and cities have formulated local laws or government regulations in the region in advance in light of the actual conditions of their jurisdictions.In this context,it is particularly urgent and necessary to conduct research on the practice and legislation of government data opening in China.Constructing a sound legal and regulatory system is of great significance for urging the government to actively perform the function of opening government data and protecting the public’s right to obtain and use data resources.The main content of this article consists of six parts.Starting from the research background and significance,the first part of this article mainly summarizes the latest developments in the legal research on government data opening at home and abroad in recent years.The second part first elaborates the relevant concepts of government data,and points out that the opening of government data is a dynamic administrative process and an administrative act of administrative agencies.And summarized that it has the characteristics of publicity,standardization and consistency of rights and obligations.Then it briefly introduces the legal basis of government data opening,and a comparative analysis of government data opening and government information disclosure.Government data opening and government information disclosure are different administrative behaviors.There are significant differences between the two,and emphasis is placed on government information.The distinction between openness and government data openness.At the end of this section,the legal significance of government data opening is discussed,that is,government data opening is conducive to the protection of citizens ’rights,promotes the establishment of a limited and transparent government,facilitates the public to fully utilize the value of analytical data,and promotes co-governance among governments,society,and citizens.The third part of this article focuses on combing and summarizing the legislative status and existing problems of Chinese government data openness.From the central government to local provinces and cities,it conducts normative research and analysis on government data openness legislation,and selects representative provinces.The city conducts a review of local government data opening legislation,and finally summarizes the main problems in the current legislation.The fourth part of this article first discusses the development process of local government data opening in China.Some provinces and cities have established government data opening platforms.Then it analyzes the problems in the specific practice of local government data opening from the data level,platform level and system standard level,and finally analyzes the causes of these problems mainly because the concept of government data opening is unfamiliar and lacks popularization,and government agencies prefer to avoid risks and maintain the status,there are difficulties in the construction of government data open platforms,and insufficient professional talent reserves and special funds.The fifth part mainly introduces the practice and legislation of foreign government data opening,briefly introduces the background and development of government data opening in foreign countries,introduces the international cooperation and practice of government data opening,and foreign countries in the field of government data opening.Mainly through the revision of the Information Opening Law and the government data open special legislation two legislative models to protect the system and legal norms.Then,we analyzed and analyzed the federal government and city-level government data open practices and legislation in the United States.In the sixth part,the author first discusses that Chinese government data opening can build a legal system from four aspects,namely,overall regulations,data and platform level regulations,open type regulations,and supervision and legal liability regulations,and proposes that it can be legislation accumulates experience first,then gradually formulates national unified legislation at the central level,and finally puts forward related supporting suggestions to strengthen cooperation between the government and enterprises,increase data administrative organs,train professionals,regularly monitor the effect of law implementation,and establish evaluations system,as well as the interpretation,modification and supervision of the application of laws.