Research On The Legal System Of Open Government Data And Data Utilization In China

Data is an important strategic resource in the era of big data.Realizing the development and utilization of data resources is an important foundation for the prosperity and development of digital economy.The data in 2020 is listed as a new factor of production for the first time.In the implementation outline for the construction of a government ruled by law（2021-2025）,it is also proposed to promote the Open Data between the government and public service institutions.As the largest data master,the government can strengthen the flow of data resources,promote the development and reuse of data resources,and realize the social sharing of data dividends.China’s Open Government Data has experienced a long period of institutional exploration.The construction of laws and regulations related to data opening is in the ascendant.In practice,the construction of Open Government Data websites and diversified data utilization are gradually promoted.At the same time,the advent of the data age also brings challenges to the government.Strengthening data management,promoting data utilization and ensuring the safe and orderly flow of data are important issues for the government.Data utilization is the ultimate goal of Open Government Data.This paper focuses on promoting government data utilization to study Open Government Data.This paper focuses on the system improvement of the utilization of government data,and hopes to make further research on the legal system of Open Government Data and data utilization in China.It is expected that this study can promote the openness and sharing of data between the government and public service institutions,promote the orderly,safe and high-quality utilization of government data in China,and provide useful ideas for basically building a government under the rule of law in 2035.This paper consists of five parts.The first part is the introduction,which mainly expounds the reason and significance of this paper.Through literature review,this paper analyzes the existing theoretical research,and lists the research contents and methods of this paper.The second part is the basic theoretical research,which compares the relationship between Open Government Data and Government Information Publicity,defines the principle and scope of government data utilization,and studies the legal nature of government data openness.The third part summarizes the current situation of Open Government Data and data utilization of central and local governments in China.This includes legislation and diversified data utilization practices.From the current situation,China’s Open Government Data and data utilization are not complete in the legal system,and there is a lack of specialized legislation and relevant legislation;In terms of the licensing of government data,a unified licensing system has not been established,and the responsibilities of each data subject are not clear;The supervision and security of government data are not perfect;Promotion mechanisms such as website construction and government enterprise cooperation need to be optimized.The fourth part introduces the regulations of Open Government Data in Britain,the United States and Japan.This paper summarizes the foreign legal system of data opening,and draws some enlightenment from it,such as further improving the legal system,establishing the system of License and paid use,and strengthening the cooperation of various data subjects.The fifth part puts forward the corresponding solutions to the problems.First of all,we must strengthen the construction of the legal system for the opening and utilization of data,formulate special legislation such as the regulations on Open Government Data,and pay attention to the construction of supporting legal systems such as intellectual property rights and data security;In terms of License,clarify the nature and content of the License,and build a unified,inclusive and operable government data License;In order to ensure the openness of data,we should clarify the rights and obligations of data subjects,establish a right relief mechanism,and strengthen the supervision and security of data;In the promotion of data utilization,we should build open data websites,build internal and external evaluation mechanisms and cooperation mechanisms between government and enterprises,and advocate common governance of data.