Government Management Innovation in the Age of Big Data

Both opportunities and challenges are currently faced by government management innovation in the age of ＂big data＂. Traditionally, relative studies view the management of governments as the effective means to improve governmental services, without really understanding the structural influence of big data and network technology on governmental mode of thinking. Against such backdrop, this paper tries to conduct critical analysis based upon traditional outcomes in this regard, trying to make full use of the function of big data technology. With these efforts, this paper contributes to the building of an interaction theory that could promote transparency of information and customization and segmentation of the policies. By constructing a mode in which management could be carried out based on the law of big data, by building an information management system in which balance could be achieved between responsibility and freedom, by promoting the rebalancing among public power, online civil society and civil rights, the innovation of governmental management would be achieved.

数据权体系及其法治意义

大数据时代的数据权是一个由数据主权、数据管理权、数据公民权、数据社会权、数据人格权、数据财产权、被遗忘权等多种权利和权力构成的复合型权利(力)体系。数据主权、数据管理权和数据公民权具有宪法行政法学意义,数据社会权之权力和权利的双重意蕴具有社会法意义,数据人格权、数据财产权和删除权主要具有私法意义。面向未来的大数据立法应是一场以数据权体系为基础创生新型法律制度的法治变革,而不仅仅是对部分法律规则的修修补补。大数据时代的政府数据开放只有从数据权理论出发,才能真正认识数据开放的目的和意义。