Research On The Legal Guarantee Of Government-enterprise Cooperation In Building Digital Government

Digital government is a new form of national administration in the digital age,which is the only way to promote the digital transformation of economy and society and build a government by law.The Implementing Outline for the Building of a Government Ruled by Law(2021-2025)and the Guiding Opinions of the State Council on Strengthening the Building of a Digital Government(June 6,2022)clearly state that the building of a digital government must be comprehensively promoted in the new era.In recent years,the mode of government-enterprise cooperation has become an important support for the construction of digital government.However,due to the lack of legal protection in the cooperation between the government and the enterprises,the related practice activities often precede the rule leading.Therefore,we must comprehensively strengthen and optimize the government-enterprise cooperation in the construction of digital government legal protection.In addition to the introduction and summary,this paper is divided into three parts.The first part mainly discusses the basic theory of the construction of digital government by cooperation between government and enterprise.Firstly,it summarizes the construction of digital government.Second,discuss the value of government and enterprise cooperation in building digital government,including reducing local financial pressure,improving the efficiency of digital resources,building a service-oriented government,accelerating the construction of digital government by law.Thirdly,it differentiates and analyzes the legal nature of the cooperation agreement between government and enterprise in the construction of digital government,and defines the cooperation agreement in the construction of digital government as a hybrid agreement based on the mainstream views of scholars on the nature of the cooperation agreement between government and enterprise and the construction of digital government.Fourthly,the paper discusses the legal principles of the government-enterprise cooperation in the construction of digital government,and takes the principles of administration by law,administration rationality,due process,good faith and fair efficiency as the basic principles of the construction of digital government.The second part of this article mainly analyzes the problems that the government-enterprise cooperation construction digital government faces.This part is divided into three parts: the shortage of system supply,the improper operation of power and responsibility and the ineffective technical regulation.First of all,due to the lag of the system,it is difficult to adapt to the practice of the government-enterprise cooperation in the construction of digital government.Secondly,due to the improper operation of the power and responsibility of the government-enterprise cooperation in the construction of digital government,the construction efficiency of digital government is restrained.Finally,due to the lack of technical regulations,enterprise digital technology monopoly,digital divide and so on,it will do great harm if not solved in time.The third part of this paper based on the first part of the content as a theoretical basis,based on the second part of the problems,and finally put forward recommendations to optimize the government rule of law.This part mainly includes increasing the system supply,perfecting the power and responsibility regulation and strengthening the technical governance of the digital government.First of all,we should enlarge the supply of the system by detailing the legal rules,strengthening the risk prevention of enterprises participating in the construction of the digital government,and constructing the multi-dispute resolution mechanism.Secondly,by standardizing the exercise of the right of administrative preference and establishing a reasonable responsibility undertaking mechanism,we can perfect the rights and responsibilities regulation.Finally,it strengthens the technical governance of the digital government by perfecting the technical standard of government data utilization,constructing the democratic procedure of algorithmic decision,and bridging the digital divide to improve the efficiency of the social governance system.Therefore,we should comprehensively strengthen and optimize the legal protection of the government-enterprise cooperation in the construction of digital government.