Theoretical basis and institutional approach of public data circulation in digital legal government:From the view of executive power operation
Public data circulation is an important way to meet the diverse needs of the public,promote the use of public data,and leverage the value of public data.Inconsistent regulations and unclear extension on the concept of public data have resulted in the poor circulation of public data to a certain extent,and have also formed the shackles of the construc-tion of the public data circulation system.Based on clarifying the different definitions of the concept of public data by lo-cal legislatures and academia,the concept of public data can be deconstructed into a three-tier logical structure from the perspective of administrative power operation.The first tier is public data collected and generated by administrative agen-cies and institutions with public affairs management functions in the process of performing public management functions.The second tier is the public data collected and generated by social enterprises and social organizations that have adminis-trative delegation and administrative contract relationships with administrative agencies and institutions with public affairs management functions,as well as social organizations that undertake social public functions.The third tier is public data generated and collected by social enterprises and individuals.Based on the three-tier logical structure of the concept of public data,the positioning of each public data subject in the three-tier structure is analyzed from the perspective of ad-ministrative power operation,and the administrative power operation context in the three-tier structure of public data is depicted.Based on the current situation of public data circulation in China,through the public data circulation model of"government-government"data sharing,"government-enterprise"data opening,"enterprise-government"data collection,and"enterprise-enterprise"data interoperability,it is proposed to build a horizontal and vertical"cross-re-gional,cross-institution,and cross-level"public data sharing system,a hierarchical and classified public data opening and management system,and a public data administrative licensing trading model.
public datadata circulationdata classificationdata sharingdata opening