Research On The Legal Path Of Government Data Opening

Since entering the data age,the rapid development of the Internet has made various data applications related to information technology emerge one after another,and brought legal problems related to data.Data Resources have become the basic strategic resources to promote the country’s rule of law,economic and social development in an all-round way.In fact,the government has become the largest owner of data resources,and government data opening is becoming an important content of administration according to law.With the United States as the pioneer,countries and regions all over the world will promote government data openness as the administration of law should be.Therefore,legal research should recognize the importance of open government data.Since the issuance of the action plan for the development of big data onto 2015,all regions of the country have been actively piloting the opening of government data and introducing a number of relevant legislations and policies.However,there are still many legal problems with the legislation and practice of open government data.In academic research,there is often a mix-up open government data and open government information.Different from the government information disclosure,the government data opening needs to make the public " Know ",more importantly,to tap the economic value of government data and the value of the rule of law.Therefore,it is necessary to apply the basic principles of administrative law to improve the existing laws and regulations,so as to provide a solid legal basis of the formulation of relevant laws and regulations,such as the Government Data Access Act.Through the methods of literature analysis,network investigation and comparative study,this paper clarifies the legal attributes of government data openness,and enumerates the main viewpoints of government data openness in academic circles,providing conceptual support for open government data.At the same time,this paper compares the characteristics of each region’s data open platform,and evaluates the data open situation of each region.Finally,through the comparison of foreign mature legislation and policy,to the basic principles of administrative law as a guide,the open government data on the administrative rules and regulations to improve the proposal.This article is divided into five parts: the first part is the introduction,mainly from the research summary,introduced the domestic and foreign government data opening legislation and the research present situation;the second part introduced the government data opening legal concept definition,the third part introduces the current situation of government data openness in China,and compares the data openness of different regions in China.The third part introduces the current situation of government data openness in China,the fourth part introduces the mature system of government data opening in foreign countries,and draws experience through comparative law analysis.The fifth part discusses the legal way to perfect government data opening,starting with providing the impetus for government data opening,building a unified platform for government data opening,and improving the legal system of government data opening,this paper makes a legislative prospect of the government data opening law.