公共數據授權運營的類型構建與制度展開

公共數據授權運營作為公共數據要素供給的一種新渠道，已經形成了多樣化的實踐形態。當前所謂的“公共數據授權運營”實際是多種不同性質制度的混合體，其有助於實現安全與利用的平衡，激勵公共數據供給，但存在公益性與經營性以及不同政府職能之間的內在衝突，有必要通過類型化研究予以厘清。公共數據授權運營包括政府採購模式與特許經營模式兩大類型，前者側重於政府的狹義公共服務職能，涉及事業性業務，屬 行政委託;後者側重於政府的公共資產增值職能，涉及經營性性業務，屬 特許經營。兩種模式在法律性質、法律適用、應用場景等方面存在許多區別，應當在類型化的基礎上，對目標設置、費用收取、收益分配、主體准入、行政監管等具體制度展開構建。

As a new channel for the supply of public data, authorized operation of public data has demonstrated a variety of forms in practice. The current so-called ''authorized operation of public data'' is actually a mixture of various systems of different natures , which helps to achieve a balance between security and utilization, and stimulates the supply of public data. But there are conflicts between public welfare and business operation as well as conflicts due to different government functions, which need to be clarified through research in classification. Authorized operation of public data can be categorized into two types: government procurement model and franchise model. The former focuses on the government's narrow public service functions, involves public utility business, which belongs to administrative entrustment. The latter focuses on the government's public asset value-added function and involves operational business, which belongs to franchise. There are many differences between the two models in terms of nature, application, and application scenarios of related rules. On the basis of classification, specific systems such as target setting, fee collection, income distribution, subject access, and administrative supervision should be further developed.