Research On China’s Government Data Open Legislation

In recent years,along with the continuous innovation of information technology,human society has entered the era of big data,and the economic and social values embodied in big data have become increasingly prominent.As the public affairs management organ,the government holds the most abundant big data resources.However,the data resources open to the public by the Chinese governlent cannot meet the public’s living and production needs.The development of the times puts forward new requirements for the opening of government data.Open to the openness of data is an irreversible trend."Internet+government affairs" has become one of the hot topics of the two sessions this year.The implementation of government data opening is also an objective requirement for building a service-oriented government and transforming social production methods.The implementation of government data opening requires corresponding institutional guarantees.Under the background of comprehensive implementation of the strategy of ruling the country according to law,the establishment of a sound legal and regulatory system is of great significance for urging the government to actively perform the functions of open data and to protect the public’s right to obtain data resources.At present,our country has not yet formulated corresponding laws and regulations to regulate and restrict the opening of government data.Legislation has obvious lags.The government data is open to the extent of legal adjustment,and the legislative research on government data opening is deepened.The standardization and institutionalization play a key role.In addition to the introduction and conclusions,the main content of the article consists of five parts:The first part is to explain the concept of "open government data",focusing on clarifying the difference and connection between "open government data"and "public information disclosure".The author also tries to summarize the characteristics of government data opening and concludes that its characteristics of compulsory,subjective interaction,and public administration.;The second part describes the legislative basis of government data opening.By explaining the theory of data autonomy,the order value and efficiency value of law,it is pointed out that the open legislation of government data is an objective need to protect the public’s right to know,build a service-oriented government and reuse government data.Through the principle of responsible administration and the principle of security protection,it laid the foundation for establishing the principle of open sharing and the legislative concept that pays equal attention to data security protection.The third part introduces the legislative status and existing problems of China’s government data opening,briefly describes the existing legal basis of governnent data opening in China,analyzes the internal relationship between existing legal norms and government data opening,and summarizes the openness of government data.There are four problems such as law and regulations lag,imperfect top-level design,the establishment of a personal information protection legal system,and strong legislative resistance.The fourth part introduces the legislative overview of foreign government data opening,including the legislative model and legislative characteristics,and evaluates the legal system of foreign government data opening.In the fifth part,based on the actual situation in China and the experience of opening up government data abroad,the author puts forward the conception and suggestion of China’s government data open legislation:advocate the concept of“safety”and“development,to carry out government data open legislation.Work,combined with the actual situation in China,choose to amend the "Government Information Disclosure Regulations" and the combination of special legislation.In the aspect of refining the legislative content,it is proposed to establish the principle of open data sharing,clarify the scope of open government data,and construct central and local Unified data open management system,improve data open supervision mechanism and other initiatives,and improve supporting personal information protection regulations to ensure personal information security in the process of data opening.