关键词: 行政法学, 政府数据, 数据再利用, 依申请开放

Abstract: Government data plays a key role in leading the development of big data industry. In terms of release value of government data, data open is just the starting point, and the key lies in the data reuse of in society. In terms of the problem of private “will not” and “improper” reuse of government data, the restrictive mode ignores the market demand for data flow and is prone to over protection. The open model has the defects of insufficient guidance and
supervision, and China lacks the institutional soil needed by the model. The function of “open government data on application” is designed by referring to the system of “apply for government information publicity”, which can not only provide data to the society, but also play a guiding and supervising role in data utilization. This system is a feasible regulatory path that conforms to the characteristics of the primary stage of data reuse in China.

Key words: administrative law, government data, data reuse, open upon application