公共数据授权运营的制度困境及规范构造OACHSSCD

The authorized operation of public data is an important institutional design for tapping into the value of public data as a factor of production under the public-private cooperation model.The driv-ing force behind the emergence of authorized operation of public data lies in remedying the inadequa-cies in the effectiveness of public data opening.To give full play to the value of public data as a factor of production,the authorized operation of public data,as a solution to break the deadlock,should be regarded as the main channel of China's public data opening and utilization system.At present,the au-thorized operation of public data is confronted with such institutional dilemmas as the inconsistency be-tween authorizing entities and operating entities,the incompleteness of rules on rights and obligations,and the deficiency of procedural rules.To address these issues,in terms of entities:the data competent authorities should serve as the main authorizing entities,and the access criteria for operating entities should be optimized.In terms of the content of rights and obligations:a reasonable allocation of the"power-right"relationship between the government and operating entities should be achieved.In terms of procedures:a fair competition mechanism for the authorization link and a right relief mechanism for authorized operation should be established.