Research On Government Administrative Legal Liability For Public Data Openness

As a new content of public services provided by the government to the public,the openness of public data has shown strong resource efficiency and value usefulness.From government information disclosure to public data openness reflects the government’s progress from management-oriented government to service-oriented government,and from meeting the "public’s right to know" to meeting the "right to use data" and maximizing the value of data.The whole process of public data openness involves multiple subjects,multiple behaviors and multiple values,and the government is always at the core of it,as the maker of policies and regulations,the manager,the opener and the supervisor of public data,playing a leading role.To study the administrative legal responsibility of the government in public data opening,it is necessary to define the various types and extensions of the government’s administrative responsibility comprehensively from the theoretical point of view and in connection with the practical experience at home and abroad,and to put forward corresponding suggestions according to the current dilemma of the government’s responsibility in China and in combination with the advanced experience abroad.What needs special attention is that the types of government legal responsibility involve the content of substantive law,while the government responsibility,in order to be effectively pursued and assumed,must focus on the content of procedural law,and the current Chinese legislation is still lacking in this regard.From the perspective of substantive law,to clarify the type and extension of the legal responsibility of the government in the process of public data opening is the basis of government responsibility,the government should not only ensure data security in the opening of public data,but also to achieve fairness and justice in the opening of data,and more importantly,to supervise each subject in the opening of data.From the perspective of procedural law,in order to make the government’s responsibility to be effectively pursued and assumed,it is not only necessary to focus on administrative accountability procedures,but also to pursue the government’s legal responsibility through judicial channels.When the government’s illegal acts in public data opening violate the legitimate rights and interests of the relatives,the administrative relatives can pursue the government’s legal responsibility through administrative litigation or even administrative public interest litigation.