Research On The Legislative Guarantee Of Government-Enterprise Cooperation In Building Digital Government Ruled By Law

As an important direction to promote the modernization of the capacity of national governance,building a digital government ruled by law is a must for facilitating the digital transformation of society and comprehensively building a government ruled by law.The Outline for the Implementation of the government ruled by law(2021-2025)proposes to "improve the scientific and technological guarantee system for the construction of the government ruled by law and comprehensively build a digital government ruled by law".On 27 February 2023,the Central Committee of the Communist Party of China and the State Council issued the Plan for the Overall Layout of the Construction of Digital China states that building the digital China is an important engine for promoting Chinese-style modernization in the digital era and a powerful support for building new national competitive advantages.The term "Digital Government Ruled by Law" combines the concepts of digital government and government ruled by law,and covers the relationship between the two in terms of connotation.In terms of logical relationship,the application of cooperative governance to the construction of digital government ruled by law is self-consistent,and the exploration in practice has also achieved certain results;recently,the public-private partnership has been outstanding in the field of digital government construction,and will play a more virtual role in the construction of digital government ruled by law in the Internet era.However,there are few researches on the construction of digital government ruled by law under the mode of government-enterprise cooperation,and there is a lack of relevant researches on legislative guarantee.Therefore,this paper will discuss the content related to government-enterprise cooperation in the construction of digital government ruled by law legislative guarantee,analyze practical difficulties,and give suggestions for improvement according to practice and foreign experience.In addition to the introduction and conclusion,the text of this paper is divided into four parts.The first part elaborates the basic theory of legislative guarantee of government-enterprise cooperation construction of digital government ruled by law,including the concept of digital government ruled by law,government-enterprise cooperation and the connotation of government-enterprise cooperation construction of digital government ruled by law.At the same time,the paper discusses the legislative value of government-enterprise cooperation in building a digital government under the rule of law,including three legislative values: regulating the transformation of digital government,standardizing enterprise behavior and strengthening supervision.Finally,this paper expounds the legislative principles to be followed in the legislation of government-enterprise cooperation to build a digital government under the rule of law,including the principles of scientific legislation,democratic legislation and law-based legislation.The second part shows the practical dilemmas of legislative protection for government-enterprise cooperation in building a digital government ruled by law.The current legislative status and social foundation of China’s cooperation between government and enterprises in building a digital government ruled by law are analysed in depth.However,at present,China lacks practical experience in building digital government ruled by law in the mode of government-enterprise cooperation,although it is covered in various policy and regulations,but mostly for building digital government,and there are problems that legal regulation is not complete,responsibility is not clear enough,and technical regulation is not comprehensive enough in building digital government ruled by law in government-enterprise cooperation.In this section,the realistic dilemma of legal protection is listed from these three perspectives.The third part is the extraterritorial experience of government-enterprise cooperation in building the legislative guarantee of digital government ruled by law.On the basis of discussing the experiences of government cooperation,digital government construction and law-based government construction in the United States,Britain and the European Union,this paper summarizes how to draw lessons from Chinese government cooperation and enterprises in the construction of digital government ruled by law,and draws some useful enlightenments in our country.The fourth part is the suggestion of government-enterprise cooperation to build the legislative guarantee of digital government ruled by law.First,we should improve the legal system of government-enterprise cooperation to build a digital rule of law government,integrate and modify existing laws and regulations,and play a leading role in legislation.Second,clarify the internal and external responsibilities for government-enterprise cooperation in legislation.Third,digital technology should be regulated,and relevant technical standards should be perfected in the legislation of government-enterprise cooperation.