Comprehensively deepen the construction of the digital government 丨 The transformation of the rule of law and escort the construction of the digital government

Zhejiang News Client

In order to help the digital reform of our province, we will earnestly do a good job of publicity and interpretation of the "Implementation Opinions on Deepening the Construction of Digital Government", and promote the construction of the digital government to accelerate the implementation of the implementation. Articles built by the government.

Zheng Chunyan, Zhejiang University

A few days ago, the Zhejiang Provincial People's Government issued the "Implementation Opinions on Deepening the Construction of the Digital Government" (hereinafter referred to as the "Implementation Opinions") in order to provide a strong driving force for the "two advances". Reading the full text of "Implementation Opinions", you can clearly identify the main line of "helping the government's functions with digital reforms", and the same frequency of Zhejiang is implementing the State Council's "Guiding Opinions on Strengthening the Construction of Digital Government" (hereinafter referred to as "Guidance") in the State Council Speed ​​and intensity. The goal of digital government construction lies not only to change the way and paths of governance, but also to reshape the system and logic of governance. Only by changing the concepts and ideas of traditional administration and rule of law, and trying to construct a mission -oriented substantive view of the rule of law, can we find new legitimacy structures for digital reform.

Economic regulation is one of the basic characteristics of the socialist market economy system. If the state's macro -control wants to play a leading role in market allocation resources, digital technology must be widely used in the fields of economic operation monitoring and analysis, investment management services, etc., comprehensively perceive economic and social development trends, and strengthen economic policy coordination and coordination capabilities. This requires data, consumption, trade, transportation and other data in the industry with the gathering and connection of data such as the population, employment, taxation, and energy of the government's departments. data sharing. After the implementation of the "Zhejiang Provincial Public Data Regulations", the latter has been clarified through "Chapter 4 Public Data Sharing"; and the former was the focus of attention from all parties in the "E -commerce Law". Article 28 only establishes the statutory responsibility for the identity information and tax information of the e -commerce platform operator to submit the identity information and tax information in the platform. From this, we can glimpse the corporate cherish and emphasis on the economic value of the industrial data. Only by reporting to the corporate rights and interests that clarify industrial data as soon as possible, and clarify the protection measures that the government should collect and use industrial data can we lay the foundation of the digital economic regulation system.

The fair and fair regulatory system is the key to creating a "pro -clear" business environment. The "Implementation Opinions" emphasized that "the Internet+supervision" is vigorously deepened and the "high -level construction of the nation's market supervision digital reform pilot zone". To achieve this goal, it is inseparable from the support of the national integrated online supervision platform in order to achieve dynamic monitoring of big data, accurate identification, and classification of market entities. As a result, a new administrative rule of law challenge came into being: since the registration information of the market entity, the sharing of the activity trajectory nationwide, the credit portrait of the market entity is common, and the traditional government regulatory system is strictly divided according to the region and levels. Necess? Do you need reconstruction if you need to judge the standards of authority and legitimacy based on jurisdiction authority? These questions have long surpassed the innovation of the market regulatory system itself, pointing directly to the major impact of the hierarchical bureaucratic system that was born in the early 20th century, and calling for the gorgeous transformation of traditional administrative law theory and system.

The government from management to governance is the global development trend of modern public administration. Whether it is the diversity of governance subjects and the integration of governance models, it has become a representation of modernization of governance capabilities. The "Implementation Opinions" clearly states that "promoting social governance models from one -way management to two -way interaction, from offline to online and offline integration", focusing on improving the digital governance capabilities in various fields of social governance. Taking social contradictions as an example, by adhering to and developing the "Maple Bridge Experience" in the new era, linking online reconsideration, petitions, and mediation work, some cities in Zhejiang have even achieved non -obstacles to litigation. When all disputes are settled in a platform through digital government applications, the algorithm can learn the probability and odds of prediction of rights and relief through big data of class cases to help the parties look at the dispute rationally and substantially resolve contradictions. But the "algorithm is not the law". When we hand over the pre -judgment power to the algorithm, how to prevent the algorithm caused by the lack of ethics and the deviation of the algorithm? Perhaps, the research town of modern administration and rule of law, moved from the past administrative behavior "tailor abuse" to the "tailoring laziness" that the algorithm may be possible, which can build a new rule of law for the digital government.

Each system and runway of the "Implementation Opinions", when solving the specific tasks in the specific scene, put forward the fundamental propositions of the transformation of government functions, and brewed a good opportunity for the transformation of administrative rule of law with Chinese characteristics. "Digital reform is a heavy -drooping institutional revolution." It is the best guidance to interpret the "Implementation Opinions".

(The author is a professor at Guanghua Law School, Executive Dean of the Legislative Research Institute of Zhejiang University)

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