Source: Data School
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The provincial big data bureau is an "optional action" in many provinces in the new round of institutional reforms, and it is of great significance to improve the local government data governance system. The study found that the institutional settings of provincial big data bureaus mostly highlight the development and management functions of big data. There are mainly three types of institutions directly under the provincial government, departmental management institutions, and listed institutions. The functional configuration integrates big data decision-making, execution, and supervision and management. On the whole, there is a general trend of relatively centralizing big data management functions and shifting from focusing on industry management and government affairs management to comprehensive management of big data.
At present, there are still challenges in the operation of provincial big data bureaus such as unclear institutional nature, unclear functional positioning, and unscientific functional allocation. To optimize the functional system of local big data institutions, it is urgent to clarify the connotation and extension of big data administrative functions, rationally divide the division of responsibilities between big data bureaus and relevant departments, and build a digital government system that is jointly built and shared by multiple subjects.
Since the 18th National Congress of the Communist Party of China, the establishment of big data management bureaus by local governments is a new trend worthy of attention in the reform of institutional and administrative systems. From a macro perspective, the establishment of the Big Data Bureau is an important measure for governments at all levels to implement the strategic deployment of the Party Central Committee and the State Council to strengthen the country through Internet, accelerate the construction of "Digital China" and "Smart Society", and make full use of information technology to improve the government's ability to perform its duties. At the meso level, the Big Data Bureau integrates relevant functions that were originally scattered in multiple departments such as local development and reform, economy and information technology, and explores useful experience for building a unified and efficient local government data governance system.
Specifically, the Big Data Bureau has solved the problems of the current government's big data governance with multiple departments, unclear responsibilities, and buck-passing to a certain extent, and has effectively improved the efficiency of data resource development and utilization and the level of "Internet +" government services. As of 2018, nearly a hundred big data management bureaus, big data development bureaus, big data centers and other institutions with different names have been established in sub-provincial cities and counties across the country, and provinces such as Guangdong, Guizhou, and Zhejiang have established provincial big data management agency.
Provincial big data bureaus are in a key position in the macro-structure of national digital governance, which is of great significance to the improvement of local government data governance systems. The deepening of party and state institutional reforms in 2018 provided a rare opportunity for localities to establish provincial-level big data bureaus. This round of institutional reform proposes to grant more autonomy to provincial and lower institutions under the premise of ensuring the centralized and unified leadership of the central government, and to allow local governments to set up institutions and allocate functions according to local conditions.
According to incomplete statistics, Beijing, Chongqing, Guangdong, Zhejiang, Guizhou, Shandong, Guangxi, Jilin, Fujian, Anhui, Henan and other places have set up administrative agencies responsible for big data management in their provincial institutional reform plans. These provincial big data bureaus play the role of top-level design, overall layout, overall coordination and overall promotion in the province, which is conducive to the establishment of a digital governance organization system with unified standards, coordination between the upper and lower levels, and efficient operation, and accelerates the construction of an intensive and integrated digital system. government. In addition, the institutional setup and function allocation model of provincial big data bureaus will serve as a model for subsequent city and county institutional reforms, promote the optimization of institutions and adjust functions of provincial big data bureaus at all levels, and improve the three-level collaborative linkage mechanism of provinces, cities and counties .
Taking the provincial-level institutional reform plans announced by various regions as clues, this paper analyzes the institutional setup and function allocation of 11 provincial-level big data bureaus, and puts forward optimization suggestions for building a more scientific and reasonable functional system of local government data governance institutions.
Number of local big data management agencies in China
As of June 2019, my country's provincial and prefecture-level local governments have basically completed the task of institutional reform. Among the 31 provincial-level administrative regions in the country, a total of 18 provinces (municipalities and autonomous regions) have provincial-level big data management institutions, accounting for 58%, they are Beijing, Tianjin, Inner Mongolia, Jilin, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Jiangxi, Shandong, Henan, Guangdong, Guangxi, Chongqing, Guizhou, Shaanxi and Hainan. A total of 208 of the country's 333 prefecture-level administrative units have big data management agencies, accounting for 62.5%. China's 22 provincial capitals, 4 autonomous region capitals (except Lhasa) and 5 non-capital sub-provincial cities, a total of 31 administrative units have established big data management institutions.
The number of local government big data management institutions in China's four major economic zones
Table 1 The establishment of local government big data management institutions before and after the eighth institutional reform
Functional characteristics of local government big data management institutions before the eighth institutional reform
Table 6 Functional characteristics of local government big data management institutions after the eighth institutional reform
1. Institutional setup and functional allocation of provincial big data bureaus
Sorted out the provincial-level institutional reform plans announced by 31 provinces, municipalities, and autonomous regions and related public reports. The Beijing Municipality and the Tibet Autonomous Region did not disclose the institutional reform plans. brand. The institutional function positioning of provincial big data bureaus can be seen from the aspects of institution name, institution type and specification, function configuration, and internal institutions.
(1) Organization name: highlight big data development and management functions, and some provinces have merged to establish big data and government service management organizations
In addition to the direct title of "Big Data Bureau" in Shandong, the names of institutions in other provinces are mostly "Big Data Administration Bureau" or "Big Data Development Bureau". This means that for most local governments, strengthening the administrative management functions in the field of big data and promoting the development of the big data industry are the main purposes of setting up institutions. Chongqing City established the "Big Data Application Development Administration Bureau", which directly included the three core functions of big data application, development and management in the name of the institution. Fujian has set up a Digital Fujian Leading Group Office (Big Data Administration) in the sequence of government agencies, and hangs the Big Data Bureau brand on the office of the deliberation and coordination agency, which is conducive to opening up the decision-making and execution chain of big data management.
Some provinces have combined big data and government service agencies according to local conditions. For example, Jilin has established a government service and digital construction bureau, Anhui has established a data resource bureau with the brand of a government service bureau, and Guangdong has established a government service data bureau. There are two main reasons for the merger of big data and government service management agencies: one is that it is a pragmatic choice under the conditions of local party and government agencies, by setting up an agency to perform two new functions; in addition, considering the big data and e-government play an important supporting role in improving the level of government services, and the two functions of the combined establishment of institutions are closely related to each other.
(2) Institution type: three types of institutions directly under the provincial government, departmental management institutions and listed institutions coexist
The provincial big data bureaus set up in this round of institutional reforms are all included in the sequence of government agencies, and can be divided into three types: agencies directly under the provincial government, departmental management agencies, and listed agencies according to the type and specifications of the agencies.
1. Institutions directly under the provincial government
Jilin, Anhui, Shandong, Guangxi, Chongqing, and Guizhou provinces (cities) set up big data bureaus as agencies directly under the government. Institutions directly under the provincial government refer to a type of institution set up by the provincial people's government to manage a certain special or specific affairs. It usually undertakes a certain special business and has independent administrative functions. The institutional specifications are generally at the departmental level. In this round of institutional reform, no province has set big data as a government component. This is because government constituent departments refer to institutions legally established to perform the basic administrative functions of the government, and provincial government constituent departments must strictly correspond to the State Council constituent departments. It is not easy for an emerging big data management functional department to independently become a directly affiliated institution in the institutional reform. As a directly affiliated institution, the Big Data Bureau is professional, independent, and authoritative among provincial institutions. It is a department that has the main management responsibility for various tasks in the province's big data field in accordance with laws and regulations and the division of institutional responsibilities.
⒉Department management organization
The four provinces of Zhejiang, Fujian, Guangdong, and Henan have set up the big data bureau as the administrative department of the provincial government. Departmental management agencies refer to administrative agencies that are managed by competent departments and are responsible for certain aspects of work, and are relatively independent. For example, the big data bureaus of Zhejiang, Guangdong, and Henan provinces are all managed by the provincial government offices, and the big data bureaus of Fujian province are managed by the Provincial Development and Reform Commission.
There are three main differences between departmental management institutions and directly affiliated institutions:
One is institutional specifications. Departmental management agencies are usually half a level lower than their competent departments, and the institutional specifications of the big data bureaus in Zhejiang and other four provinces are all at the deputy department level.
The second is management authority. The directly affiliated institutions can write to the lower-level business departments independently and to the relevant departments at the same level within the scope of business; the departmental management agency can write to the lower-level business departments independently, but in principle, it needs to report to the supervisor when writing to the relevant departments or jointly with the relevant departments. The department agrees. The survey found that in practice, some big data bureaus managed by local departments do not need to report to the competent department for approval when they write documents to relevant departments or jointly write documents with relevant departments.
The third is the way of asking for instructions and reporting. In principle, the management agencies of departments below the provincial level do not directly ask the party committee and government for instructions. Matters that really need to be consulted by the party committee and government should be reported by the competent department; in case of emergency, if they need to directly ask the party committee or government for instructions, they must report to the competent department at the same time.
It is worth noting that the departmental management agency is not an internal agency of the competent department, but an independent legal entity, and its function performance and business development are relatively independent. The departmental management organization is included in the quota management of the party and government organizations, and the function allocation, internal organization and leadership positions are independently approved, and it has a first-level independent budgetary power. The competent department mainly manages the major policies, work arrangements and other matters in the work of the department management organization through the chief executive meeting and other forms.
The main goal of setting the provincial big data bureau as the departmental management organization in the institutional reform is to realize the organic unity of professional governance and coordinated governance. On the one hand, the independence of big data administrative functions is becoming more and more prominent, and a special administrative agency needs to perform the functions; on the other hand, big data governance involves a wide range of areas, and it is necessary for a strong department with overall coordination functions to strengthen the supervision of other relevant departments. Policy synergy.
Due to the double consideration of institutional professionalism and overall planning, it has become a feasible choice for the provincial government general office or the National Development and Reform Commission and other comprehensive departments to manage the Big Data Bureau. However, in view of the experience and lessons learned from previous rounds of institutional reforms, various contradictions and problems are prone to arise between the competent department and the departmental management organization in the actual operation process. Whether the Big Data Bureau can fully perform its functions as a departmental management organization still deserves further observation.
⒊listing agency
Beijing Municipal Bureau of Economics and Information Technology, a department of the municipal government, hangs the sign of Big Data Administration. In the practice of institutional establishment management, a listed institution refers to an institution that undertakes multiple responsibilities, has two or more names, and carries out work with corresponding names on different occasions. Institutions listed in physical institutions generally do not separately approve the number of establishments and leadership positions, and are not first-level budgetary units. In principle, a listed institution shall not issue administrative normative documents in the name of the listed institution. If it is indeed necessary to produce and issue administrative regulatory documents due to work needs, it shall issue the document in the name of the entity or jointly with the entity and the listed institution.
Before the institutional reform in 2018, most municipal and county governments below the provincial level set up big data bureaus as listed institutions. Compared with physical institutions, the functions of listed institutions are subordinate. According to the requirements of the institution establishment regulations, listed institutions shall not operate substantively in practice. Take the Bureau of Economics and Information Technology as an example of the Big Data Management Bureau. Big data management is one of the departmental responsibilities performed by the Bureau of Economics and Information Technology. Usually, some internal departments of the Bureau of Economics and Information Technology undertake specific tasks. From time to time, it works externally in the name of the Big Data Administration.
In this round of organizational reform, the Beijing Bureau of Economy and Information Technology added three additional signs, namely the Municipal Radio Administration Bureau, the Municipal Big Data Administration Bureau and the Municipal Defense Science, Technology and Industry Office. The Smart City Construction Division of the Bureau of Economy and Information Technology has added the brand name of the Big Data Application Division, which is actually responsible for promoting big data applications, e-government assessment, and cross-department, cross-industry, and cross-field data connection and sharing.
4. Status, Independence and Coordination: A Comparison of the Three Types of Institutional Settings
In terms of institutional nature and status, my country's provincial big data bureaus are generally at the end of the sequence of provincial party and government institutions (see Table 1). The organizational nature of the Big Data Bureau directly reflects the importance attached to big data-related affairs by the party committee and government at the same level. In comparison, the directly affiliated institutions have a higher status in the institutional sequence, followed by departmental management institutions, and last listed institutions. In terms of institutional independence, the Big Data Bureau, a directly affiliated institution, has the most complete and independent management authority. Major policies of departmental management institutions must be reported to the competent department in advance, and institutional autonomy is subject to certain restrictions; listed institutions basically do not have independent decisions on daily management. right.
In terms of overall coordination, the big data bureau managed by the provincial government office or the National Development and Reform Commission has obvious advantages, provided that it can handle the relationship between the competent department and the department management organization; the directly affiliated organization has a certain overall coordination ability for other provincial departments , needs to be clarified in terms of functional allocation; listed institutions generally do not have overall coordination capabilities, and the performance of their functions still needs to properly handle the relationship between divisions and offices within the entity.
(3) Functional configuration: Integrate big data decision-making, execution and supervision and management rights
This round of institutional reform adheres to the principle of optimization, coordination and efficiency, and insists that a category of matters should be coordinated by one department in principle, and one department should be responsible for one issue in principle, so as to avoid multiple departments, unclear responsibilities, and buck-passing. The newly established Provincial Big Data Bureau integrates multiple responsibilities that were originally scattered among provincial development and reform commissions, economic and information (committee) departments, and provincial government general offices, and is responsible for coordinating big data management, informatization construction and other related work. Taking the Big Data Bureau directly under the provincial government as an example, its main responsibilities can be sorted out from the three dimensions of decision-making power, execution power and supervision and management power from the perspective of administrative management process.
1. Decision-making power: Formulate big data policies and regulations, develop plans and strengthen overall coordination within the province
Decision-making power is the core function of provincial big data bureaus, including the responsibilities of formulating big data-related policies and regulations, industry development plans, and strengthening overall coordination within the province. First of all, the Provincial Big Data Bureau is responsible for drafting the relevant policies, regulations and standards of big data in the province, drafting relevant local laws and regulations for the provincial people's congress and its standing committee and the provincial people's government, and drafting big data and informatization industry technology Norms and standards and organize their implementation.
Secondly, the Big Data Bureau is responsible for formulating the province's big data and informatization development plan, proposing suggestions on the investment scale and direction of big data and informatization projects, and the approval and filing of specific projects. Third, the Big Data Bureau is responsible for coordinating the development, management and use of big data resources across the province, as well as digital government construction, government websites, and government information system integration.
2. Executive power: big data resource management, industrial development and promotion and application
Executive power is a key function of provincial big data bureaus, including big data infrastructure construction and operation management, industrial development promotion, big data resource management and promotion and application.
The first is to be responsible for the construction, management and utilization of the province's unified big data platform, and to coordinate the planning, construction and management of e-government infrastructure such as big data centers, government affairs clouds, and government affairs networks.
The second is to be responsible for the promotion of big data and informatization industries, support and guide the development and application of new technologies, new products, and new formats of big data and informatization, and promote the deep integration of digital economy and industrial development.
The third is to be responsible for the collection and aggregation, registration management, and sharing and opening of public data resources, to promote the integration and interconnection of social data, and to promote the construction of a big data security system.
The fourth is to organize the implementation of provincial-level government information construction, digital government and other projects, and promote the application of big data projects such as "Internet + government services".
⒊Supervision and management rights: big data market supervision and government supervision
Supervision and management power is the basic function of the provincial big data bureau. According to different management objects, it can be divided into two categories: enterprises and governments. The first category is to carry out daily supervision and management of the big data and information technology industry and the legal and compliant operation of enterprises, and to perform industry management duties in the software and Internet information service industry. The second category is to strengthen the business guidance of the Big Data Bureau to provincial departments and city and county governments, supervise, assess and evaluate the construction, management and use of big data in provincial departments and city and county governments according to the authorization, and effectively improve the coordinated development level of provinces, cities and counties .
2. The development trend and main challenges of provincial big data bureaus
The provincial big data bureau is a new thing in institutional reform. Its institutional setup and function allocation have certain commonalities and differences, and they still face many challenges in the process of performing their functions. Summarizing the operation rules of the big data bureaus in various places in China before, the provincial big data bureaus present two major development trends at this stage.
(1) "One-to-many": Big data management functions are relatively centralized, and one organization undertakes the tasks of multiple higher-level organizations
For a long time, the Internet and informatization functions at the central government level in my country have been relatively dispersed, and the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Cyberspace Administration of China have each assumed part of the management functions according to the division of responsibilities. Although this management structure of "Kowloon water control" is reasonable to a certain extent, it is also prone to the phenomenon of overlapping functions and disconnection of powers and responsibilities. Under the previous institutional setting model of "generally rough at the top and bottom", local governments set up local institutions to perform territorial management responsibilities according to the setting and function allocation of central ministries and commissions.
Based on the heterogeneous functions of the central and local governments, local governments are mainly responsible for operational affairs such as big data and informatization policy implementation, market supervision, and project application. There is an urgent need to integrate policies, funds, and resources scattered in various departments to form a joint management force. In this context, some cities and counties have taken the lead in exploring the establishment of big data bureaus to integrate the responsibilities scattered across multiple departments, and the big data bureaus will link up with multiple higher-level departments.
The provincial big data bureau relatively centralizes big data management functions at the provincial level, connects upwards with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the General Office of the State Council, and other departments, and guides and supervises the performance of the functions of the city and county big data bureaus downwards, building a well-connected and powerful implementation The institutional mechanism has played a key role in linking the past and the future.
Relatively concentrating big data management functions below the provincial level is conducive to overall planning and deployment of resources, reducing multi-management and decentralized overlapping of responsibilities, and giving full play to the overall effect of digital government transformation. In particular, the overall concept of digital government construction requires an administrative agency that transcends the original departmental interests to play a leading role. Provincial-level big data bureaus can optimize resource allocation, reduce duplication of investment, and build unified planning, A digital government business system with unified policies, unified standards, and unified management.
(2) From single to comprehensive: the focus of functional allocation of the Big Data Bureau has changed from focusing on industry management and government affairs management to comprehensive management of big data
At present, there are still large differences in the functional allocation of provincial big data bureaus in my country, and the type and setting method of institutions directly affect the scope of duties of big data bureaus. The Big Data Bureau listed in the Economic and Information Bureau usually focuses on the development and management of the big data industry due to its functional affiliation.
The merged government service and big data management bureau usually takes the lead in promoting the reform of “decentralization, management and service”. Big data management focuses on e-government, “Internet +” government service, government information system integration and other government management functions. Including big data industry development and industry management functions. In addition, the Big Data Bureau managed by the General Office of the Provincial Government and the Development and Reform Commission also mainly focuses on government management functions.
As an institution directly under the provincial government, the Big Data Bureau generally has dual functions of industry management and government affairs management. In terms of institutional functions, it has gradually transformed from a big data special management organization to a big data comprehensive management organization. The functional configuration of such big data bureaus presents four "full" characteristics.
One is full coverage of the object. Management service targets include not only big data and information technology enterprises, but also provincial departments, city and county governments, and social subjects such as natural persons involved in the collection, storage, management and use of big data.
The second is the whole business process. Undertake the decision-making, execution and supervision functions of big data management, and specifically exercise administrative power matters such as big data-related administrative planning, administrative approval, administrative confirmation, administrative rewards, and administrative inspections.
The third is a complete set of resources. Coordinate regulations and policies, financial capital investment, infrastructure construction, talent training and other supporting resources to promote the development of the big data industry and the construction of digital government.
The fourth is to open up all applications. Responsible for coordinating the construction and management of big data resources, and promoting the multi-pronged and interconnected use of big data for political, civil, and commercial purposes.
Of course, the big data comprehensive management organization is going through a process of growing from scratch, and the extent to which the functions of the big data bureau should be integrated still needs to be tested in practice.
(3) Major challenges faced by provincial big data bureaus
1. The nature of the organization of the Big Data Bureau is not clear
The provincial big data bureaus that this article focuses on are administrative agencies that have been clearly included in the sequence of provincial party and government agencies after the institutional reform. In fact, there are still some provinces across the country that have set up big data bureaus as public institutions directly under the provincial government or public institutions managed by departments. .
For example, after the current round of institutional reforms, the Inner Mongolia Autonomous Region Big Data Management Bureau still performs some administrative functions as a public institution directly under the provincial government. These big data bureaus, which are institutions in nature, are mostly formed by provincial information centers and big data centers, but they perform some administrative functions in actual operation. The main responsibility of public institutions is public welfare services. Due to the limitation of institutional establishments, public institutions undertake additional administrative functions, which may easily lead to phenomena such as indiscriminate political affairs, extracorporeal circulation of administrative functions, and irregular management.
The "Decision of the Central Committee of the Communist Party of China on Deepening the Reform of Party and State Institutions" clearly states: "Comprehensively promote the reform of public institutions that undertake administrative functions, straighten out the relationship between government and affairs, realize the separation of government and affairs, and no longer establish public institutions that undertake administrative functions." During the implementation of local institutional reforms, most provinces have comprehensively cleaned up the administrative functions undertaken by the provincial public institutions, and assigned administrative functions to competent departments or administrative agencies with similar functions. Except for administrative law enforcement agencies, administrative functions will not be retained or newly established. business units.
After this round of institutional reform, a total of 11 provincial-level big data bureau administrative agencies have been established across the country, and more than half of the provinces have administrative agencies of other competent departments or institutions to perform big data administrative functions. It should be admitted that, among the functions currently performed by the Bureau of Big Data, which functions must be performed by administrative agencies and which ones can be performed by public institutions, there is still considerable controversy in practice.
2. The functional positioning of the Big Data Bureau is not clear
Analyzing the organizational setup and function configuration of 11 provincial big data bureaus, it can be found that some provinces have not clearly defined the functions of big data bureaus. For example, should the Big Data Bureau be a special functional department or a comprehensive functional department? Regardless of whether it is a directly affiliated institution or a departmental management institution, the original intention of setting up a separate big data bureau is to solve the problem of cross-dispersion of big data management responsibilities, so that this institution can assume the responsibility of special functional departments in the sequence of provincial government institutions.
At the same time, some big data bureaus directly under the provincial governments have also assumed the responsibilities of coordinating the promotion of informatization construction, digital economy development, and digital government construction, which were originally performed by comprehensive functional departments such as the National Development and Reform Commission and the General Office.
Even though the "three determinations" stipulates that the big data bureau has the overall coordination function, can the lower-ranked directly affiliated institutions coordinate the higher-ranked provincial government departments such as development and reform, finance, and industry and information technology? An example for reference is that after the newly formed Ministry of Emergency Management integrated the responsibilities of the former State Council Emergency Management Office of the General Office of the State Council, the overall coordination was not as strong as before.
⒊The functional configuration of the big data bureau is unscientific
The configuration of institutional functions is mainly determined by the "three determinations" regulations and the list of powers and responsibilities. At present, most of the newly established provincial big data bureaus have issued the "three determinations" regulations, but the list of powers and responsibilities is still in the process of being compiled. After preliminary research and sorting out, there are still some unscientific and unreasonable aspects in the functional allocation of provincial big data bureaus. In terms of the division of responsibilities, the provincial big data bureaus, the Cyberspace Administration of China, and the industry and information technology departments are not clear enough in terms of overall planning of informatization construction, development, utilization and sharing of information resources, and guidance on information security.
According to the spirit of the central government's notice, the main functions of provincial and municipal network information organizations should basically correspond to those of the central network information office, and the network information department is actually responsible for the overall information work function. After the big data bureau is established separately, the provincial industry and information technology departments are generally still responsible for the development of informatization in the industrial field, the integration of informatization and industrialization (the integration of the two), and the management of software and information services.
In fact, the management and service objects of the industrial promotion policies undertaken by the Big Data Bureau mostly overlap with software and information service companies. Taking the formulation of regulations and standard systems for big data (information) security supervision as an example, since information security involves both hardware and software, responsibilities are scattered among multiple departments such as network information, public security, big data, and industry and information technology. In network security law enforcement, there are even more problems that different law enforcement departments repeatedly inspect the same unit and the same matter, and the inspection standards are different.
On the other hand, the newly established big data bureaus have incomplete external industry management powers. Most big data bureaus have basically no administrative licensing and administrative law enforcement penalties. They are typical administrative agencies that separate administrative approval, daily supervision and law enforcement functions. Once the Big Data Bureau and relevant departments fail to establish an effective official cooperation mechanism, it is easy to see the phenomenon of disconnection of rights and responsibilities, and buck-passing. Some government data management bureaus only have internal approval management authority over government agencies and public service matters.
3. Suggestions on Optimizing the Functional System of Local Big Data Institutions
The provincial big data bureau is a new thing in the new round of local institutional reform, and it is an important exploration for local governments to improve the data governance system and enhance data governance capabilities. In order to solve the obstacles and bottlenecks faced by the Big Data Bureau in the functional system of local institutions, and continuously optimize the organizational setup and function configuration of the Big Data Bureau, it is urgent to deal with the four pairs of relationships.
(1) Properly handle political relations, scientifically define the connotation and extension of big data administrative functions, and accelerate the separation of political affairs
After this round of institutional reforms, big data bureaus below the provincial level have both administrative agencies and public institutions in terms of organizational nature. In accordance with the specific requirements of deepening the reform of the party and state institutions and eradicating the "business bureau", there is an urgent need to scientifically define the connotation and extension of the administrative functions of big data. This is not enough to demonstrate the legitimacy of setting up the big data bureau as an administrative agency.
From the analysis of the principles of administrative law, the functions of big data administrative management should include abstract administrative acts such as the administrative legislative power to formulate laws and regulations and normative documents in the field of big data, as well as administrative orders, administrative licenses, administrative confirmations, administrative supervision and inspection, administrative penalties, Specific administrative actions such as administrative coercion, administrative rewards, and administrative rulings. In a nutshell, both abstract and specific administrative actions involving big data management should be made by administrative agencies. In addition, according to practical experience, overall coordination of cross-regional, cross-field, and cross-departmental data aggregation and basic and supportive big data public services should be regarded as big data administrative functions.
All localities should comprehensively clean up the administrative functions undertaken by public institutions such as big data centers, and set up administrative agencies for big data bureaus according to local conditions in accordance with the spirit of institutional reform or transfer relevant administrative functions to other competent departments. Places that have set up big data bureaus below the provincial level should speed up the transformation of government functions, implement reform requirements such as streamlining administration and delegating power, combining decentralization and management, and optimizing services. The way of purchasing the service is that the public institution or enterprise shall undertake the construction, operation and maintenance of the big data system. Give full play to the professional technology and channel service advantages of public institutions and Internet companies, and build a big data governance ecosystem with government-enterprise cooperation, multi-subject co-construction, sharing and co-governance.
(2) Properly handle the relationship between the party and the government, straighten out and optimize the relationship between the responsibilities of the local Cyberspace Administration of China and the Big Data Bureau
Strengthening and optimizing the party's centralized and unified leadership over cybersecurity and informatization work is an important measure to improve the party's leadership system and mechanism for major work. At the central level, since the functions of network security and informatization are scattered among multiple State Council agencies, the Central Cyberspace Affairs Office has effectively coordinated and coordinated major issues of network security and informatization since its establishment, and has assumed the functions of the Party Central Committee’s decision-making, discussion, coordination and administrative agencies. In the current round of institutional reforms, places where provincial-level big data bureaus have been established should pay attention to straightening out and optimizing the responsibility relationship between the local network information office and big data bureaus, reducing repeated decision-making and multi-management, and promoting a reasonable division of functions, clear responsibilities, and coordinated operation of party and government agencies. .
Specifically, firstly, it is necessary to clarify the differences and connections between the responsibilities of the party's deliberation and coordination agencies, administrative agencies, and government functional departments. The deliberation and coordination organization plays the role of top-level design, overall layout, overall coordination, and overall promotion of major work in related fields. The functions of its office should closely revolve around the above four aspects, so that it is neither offside nor absent. A government functional department is an institution that is responsible for managing a certain aspect of work affairs under the unified leadership of the party committee and the government, and exercises management power relatively independently.
Therefore, the CAC should focus on improving leadership, and the Big Data Bureau should focus on improving execution. Considering the institutional attributes and the ranking of the provincial big data bureaus in the sequence of government agencies, it is more appropriate for the provincial network information office to undertake the responsibility of coordinating the province's network security and informatization construction. The Bureau of Big Data is responsible for cooperating with the Office of the Cyberspace Administration of China to guide and promote the construction of informatization and the interconnection of cross-industry and cross-departmental information and data.
Second, we must grasp the relationship between the responsibilities of party and government organizations at different levels below the province. Provincial-level party and government organizations undertake the province's top-level design, overall coordination and other functions. City and county party and government organizations mainly implement central and provincial-level decision-making and deployment. Due to the gradual reduction of agency quotas, many city and county party committees do not set up cyberspace offices alone, but set up cyberspace offices in the propaganda department. According to the characteristics of grassroots affairs and the actual needs of work, it is also feasible for some cities and counties to transfer the overall planning and promotion of informatization responsibilities undertaken by the Cyberspace Administration of China to the Big Data Bureau.
In addition, according to the report of the 19th National Congress of the Communist Party of China and the spirit of deepening the reform of party and state institutions, the city and county network information departments and big data management bureaus can explore the merger and establishment or joint office, integrate and optimize the strength and resources of party and government institutions, and play the role of coordinating informatization construction and Comprehensive benefits of big data management applications.
(3) Handle the relationship between left and right, and clarify the division of responsibilities between the Big Data Bureau and other comprehensive management departments and industry management departments
This round of institutional reform proposes the principle of optimization, coordination and efficiency, insisting that one category of matters should be coordinated by one department in principle, and one department should be responsible for one event in principle, reforming institutional setup and function allocation. According to the management service objects, the "one kind of thing" and "one thing" involved in big data management can be divided into two categories: industry management and government affairs management. For the Big Data Bureau, it is necessary to focus on clarifying the division of industry management responsibilities with the industry and information technology departments, and clarify the division of government affairs management responsibilities with the Development and Reform Commission and the General Office of the Government.
The Big Data Bureau, which has been established as an institution directly under the provincial government, should gradually transfer the responsibilities of drafting local legislation on big data, formulating industry development plans, recommending the scale and direction of investment in big data and informatization projects, and managing software and information service industries. Improve comprehensive management and coordination capabilities. The Big Data Bureau, which is set up as a departmental management organization, must establish a scientific and efficient decision-making execution business process with the competent department on the premise of ensuring relatively independent and complete functions, and improve the division of labor in macro-, meso-, and micro-management decisions. The overall planning and coordination capabilities of the department must also fully perform the professional duties and missions of the department management organization. The Big Data Bureau set up as a listed institution must accurately grasp and fully perform the duties and powers of the listed institution, and perform institutional functions within the framework of institutional establishment management regulations.
As laws and regulations related to big data continue to improve and improve, the Big Data Bureau needs to establish a smooth official cooperation mechanism with other functional departments. Since the institutional reform mostly adopts a gradual reform strategy from easy to difficult steps, in some local big data management fields, there may be a phenomenon that administrative approval, daily supervision and management, law enforcement and technical support auxiliary functions are performed by different departments. In order to avoid problems such as information islands and shifting responsibilities, it is urgent to strengthen the cross-departmental coordination of the entire business process. Local governments should speed up the improvement of big data management public affairs cooperation systems and supervision and restraint mechanisms, establish information sharing mechanisms for cross-departmental collaboration, and realize information exchange, resource sharing, and action coordination among administrative approval, supervision, law enforcement, and supporting auxiliary agencies.
(4) Properly handle the relationship between centralization and decentralization, and build a co-construction and sharing digital government system with coordination between the upper and lower levels, government-enterprise cooperation, and multi-participation
The provincial big data bureau undertakes the important mission of accelerating the construction of digital government. The first task is to establish the concept of "a game of chess for the whole province" and make great efforts to solve the fragmentation of information resources and business application blocks that have long restricted the improvement of government governance. issues such as globalization and fragmentation of government services.
In the process of promoting the construction of digital government, we must pay special attention to handling the relationship of "combination of unification and division". Unified planning, unified standards, unified cloud access, and unified applications are needed to solve the problem, but the government cannot monopolize the whole world. The provincial big data bureau should not overdo it. centralization. To build a scientific, reasonable, and efficient local big data governance system, it is necessary to fully mobilize the enthusiasm of governments at all levels, different functional departments, and market social entities, properly handle the relationship between the government and the market, and give full play to the advantages of various entities to create a pattern of co-construction, sharing, and co-governance.
Optimize the provincial leadership and management system for big data work in departments, cities and counties, and the provincial big data bureaus will undertake the functions of business guidance, performance management, supervision and inspection, etc. synergy mechanism. Establish a centralized and unified "one cloud", "one network" and "one platform" for the province's government affairs, and coordinate the management of government affairs big data resources. In principle, the informatization operation and construction projects of the provincial departments should be centralized construction management, and the government's direct investment in construction should be transformed into the purchase of services from qualified operating enterprises.
Cities and counties with a high level of informatization should realize the docking and data sharing between local application systems and provincial platforms. In areas with underdeveloped informatization, provincial-level unified planning and construction of infrastructure and technical support platforms should be carried out by cities and counties according to actual needs. Apps and Services. In particular, it is necessary to explore and improve the supervision and evaluation mechanism for the government to purchase services such as big data operation management, application development, and decision analysis to ensure the security and stability of the network and information system.
(This article is from "E-government", author Zhang Ke)
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