Strengthening the opening and sharing of public data is one of the key tasks determined by the National "Fourteenth Five -Year Plan"，To improve the level of construction of a digital rule of law、Promoting the development of the digital economy's innovation and development is of great significance。Construction of the Government of Digital Rule of Law，It is the government management model of the party and the state in the new period、New requirements proposed by operating mechanisms and governance methods，The core lies in the construction of government information platform，Promote the orderly sharing of public data and improve the level of digital and intelligent in the government's operation。

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In the concept of data，"Public Data" concept is more connotative than "government data" and "government data"，The extension is also wider，The word "public data" is more appropriate and scientific。It is not only consistent with the national "Fourteenth Five -Year" plan，It is conducive to the establishment and improvement of the national public data resource system，And the conceptual element of preset public services，It is more conducive to promoting the opening and sharing of public data and its actual application innovation。

Comparison of comparison，"Government Data" focuses on the main perspective of the data，Usually the main body is limited to administrative agency，Various data produced or obtained by administrative organs in accordance with the law。"Government Data" highlights the data content，It is a government service implementation agency collected and obtained in the performance of the duties or passed the franchise、Purchase service and other methods to carry out data generated by information construction and application。Except for administrative organs，This concept includes the organizations authorized by other state organs and laws and regulations.。Although the term "government data" is consistent with the terms of my country's "Data Security Law"，It has been used for the bet365 best casino games construction of the national government service platform，But the term "government affairs" administrative color is too strong，State organs accused of this law cannot achieve a complete correspondence，slightly showing "words in unintentional" in the scope of culverts，Therefore, it still has certain limitations。"Public Data" emphasizes data properties，Is a state organs、Organizations and water supply authorized by laws and regulations and regulations with managing public affairs、Power supply、gas supply、Public service operating units such as public transportation are collected in the process of performing their duties in accordance with the law or providing public services、Data generated。This concept contains all the contents of the above "government data" and "government data"，and continue to expand to public service data on the extension，Help improve the function of the national integrated government service platform，Make national data sharing, exchange, development and utilization of more accurate expression of meaning, and internal rational standards，Therefore, the choice of legislative concept is more rigorous and scientific。

　Formulate a unified "Regulations on the Open Public Data Open Sharing"

Digital economy legislation must adapt to the new trend of information social legal reform。Facing the current digital economy and digital rule of law government development "first place、The "local lead" problem in the way to enter the road，We need to overcome the inherent limitations of local legislation，Actively respond to the realistic needs of uniformly constructing public data open and sharing legal system，Directly formulate a unified "Regulations on the Open Sharing of Public Data"。

First，This is the need to properly handle the relationship between "policy leadership" and "rule of law"。The Central Committee of the Communist Party of China in 2021、The "Outline of the Implementation of the Construction of the Government of the rule of law (2021-2025)" issued by the State Council established the overall goal and basic path of my country's rule of law government construction during the "14th Five -Year Plan" period，further highlights the requirements for comprehensively building a digital rule of law Bet365 lotto review government and improving the satisfaction of the people，Become the current in -depth promotion of government concepts from the two dimensions of technology and rule of law、Institution、Function、Process and other systems to continuously create a new program file。In practice，As a full process integrated online service platform，The completion and launch of the national government service platform has opened a new milestone in the construction of my country's digital government，Integrated government services and regulatory efficiency greatly improved，In the unified government service portal、Service matters management、Identity certification、Electronic seal、Electronic certificate、Data sharing and other aspects have played public entrances、Public Channel、Three role of public support。

But，The "Guiding Opinions on Strengthening the Construction of Digital Government" issued by the State Council in June 2022 clearly points out，Digital government construction still has some outstanding problems，There is still a large gap between the level of government governance digitalization and the modernization requirements of national governance。For this，The opinion emphasizes，To promote timely revision and clean up the clauses that are not adapted to the construction of the digital government in the current laws and regulations，The effective approach to the practical inspection is promptly increased to the institutional specification in a timely manner，Speed ​​up the framework system that is compatible with the construction of the digital government。Formulate the "Regulations on Opening Public Data"，It is both the inherent requirements of the comprehensive implementation of the strategy of governing the country in accordance with the law，It also helps to clean up and improve my country's digital economy legal system、Provide a systematic and institutional guarantee for the development of the Digital rule of law，It is also conducive to practical response "policy leadership"，Prevent and dispose of safety risks in accordance with the law，Maintain data rights and interests of individuals and enterprises。

Next，This is the need Bet365 app download to coordinate the relationship between the relationship between "central legislation" and "local legislation"。Current，Guizhou、Shanxi and Zhejiang provinces have introduced the "Guizhou Provincial Government Data Sharing Open Regulations" (2020)、"Methods Management and Application Measures for Government Data in Shanxi Province" (2020)、"Public Data Regulations in Zhejiang Province" (2022)，Guiyang City、Shenyang City has formulated the "Guiyang Municipal Government Data Sharing Open Regulations" (2017)、"Open Regulations on the Sharing of Data Resources of Government Affairs in Shenyang" (2020)。These special local regulations are important legislative results that promote and ensure the opening of public data in accordance with the law，It has produced a certain demonstration legislative effect in actively implementing national planning and tasks。Another，Shanghai、Chongqing and other places formulated comprehensive data regulations，Among them, Shanghai's sharing of public data、Authorized operation, etc.，Chongqing City incorporates government data and public service data into the public data resource system，Emphasize the implementation of directory management and classification management system。Although the legislative technologies of the two places are different，But the effect of local demonstration legislative effect is also reached。The question is，Local legislation mentioned above in regulations、Legislative method、Regulatory target、Applicable range、System design and other levels still show obvious differences，Reflected different understanding of this issue in various places。Formulate a unified "Regulations on the Opening of Public Data"，It is helpful to clarify and understand misunderstandings，Scientific use legal concept and legislative mode，Overcoming "Local Leading" legislation in ideological understanding、Legislative concept、Interest protection、Inherent limitations in space effect and other aspects。

again，This is the need to realize the transformation of the concept of legislative concept of public data。Comprehensively promote the digital transformation of government performance and government operations，It is necessary to build bet365 best casino games a coordinated and efficient government digital performance ability system and digital government comprehensive security guarantee system，Promote the change of legal system with digital reform and innovation，Help government functions change。Theoretically，Different understanding of the open and sharing of public data，determines different legislative concepts and concept generation，It also directly affects the implementation of the system after legislation and its effect。

On the way to legislation，The following two ideas are not enough: First, open public data is opened and shared as a natural extension of the existing government information disclosure system，It is believed that the current "Regulations on the Disclosure of Government Information" is believed to be modified，You can complete the docking expansion of relevant government data on the system and mechanism。This cognition is expressed in the legislative concept as an excessive interpretation of government information disclosure legal obligations，Real view of the lack of the lack of digital and intelligent development of public services，Not conducive to government function transformation。Second, the introduction of state -owned property theory，It is believed that the current "Interim Measures for the Management of Government Information Resources Sharing Management" is believed to be modified，Add open content，Share and open government information resources into the framework of state -owned assets management，Implementing value -preserving value -added target management。This cognition is manifested in the structure of state -owned assets assessment and market transaction rules in the legislative concept，Therefore, it is easy to blur the government's "manager" character，Strengthen the role of "owner"，Entering government public service functions in the construction of property rules。Use public data resources to comprehensively improve the level and quality of public services，It is the original intention of my country's active promotion of public data opening and sharing。Data Open Sharing process has its own evolution logic，From the self -built information of various departments and localities to build a full -process integration online service platform，Performance of the platform and its public services in accordance with the Bet365 app download law and their public services have become a new center of gravity of the construction of the digital rule of law。Establish a legislative concept with the public service functions of the platform government，It is the transformation target of the legislative concept of the purpose，It is conducive to the formation of digital government liability rules based on public data opening and sharing。

Last，This is the need for the update iteration of administrative regulations。Although the words of information and data are often mixed，You can explain each other，But this can not be the reason to maintain the existing "Regulations on the Disclosure of Government Information" and "Interim Measures for the Sharing of Government Information Resources"。The current "Regulations on the Disclosure of Government Information" focuses on the institutional mechanism of government information disclosure、Principles、subject and range、Actively disclosure and publicly open、Supervision and guarantee，Although the government's transparency solves the "open" problem of government data through enhanced government transparency，But it is impossible to adapt to the new integrated development requirements faced by public data opening and sharing，It is obviously unable to catch it in terms of the scope of application and the construction of the system and mechanism。"Interim Measures for Sharing Government Information Resources" focuses on "Sharing"，Used to regulate the sharing of government information resources between government affairs departments，Implement the management and classification management of government information resources，Provide and use the shared information、Supervision and guarantee put forward clear requirements。Although this method lays a certain legal basis for the sharing of public data，But because it has splitted data openness，The same power is not caught。Formulating a unified "Regulations on the Opening of Public Data" is actually a special legislation for the national government service platform and its operation。Looking at the way from legislation，"Patch" with the past parallel legislation mode，It is better to advance with the times to "combine one" unified legislation，Then complete the collection of public data、Collection、Storage、Archive、Share、bet365 live casino games Open、Application and Security Protection and other platforms of government responsibility rules for system system arrangements。

(This article is the phased achievement of the "Research on the Innovation of Digital Economy" of the Institute of Innovation Engineering of the Chinese Academy of Social Sciences)

(The author is the director of the Economic Law Department of the Institute of Law of the Chinese Academy of Social Sciences、Researcher)