关键词: B2G数据共享, 公私法融合, 数据合同, 强制缔约

Abstract:

In the context of digital government construction， advancing the legalization of business-to-government （B2G） data sharing holds significant importance. However， relying solely on voluntary data sharing under the autonomy of will， or compulsory submission and retrieval under public law， may lead to an imbalance between public and private interests， thereby undermining the long-term viability of the B2G data sharing model. Consequently， there is an urgent need for a legal mechanism with both public and private law attributes to serve as an effective supplement. Compared with compulsory requisition or mandatory licensing， the compulsory contracting obligation-structured upon freedom of contract as a foundational premise and contractual compulsion as a supplementary regulatory measure-offers greater applicability. In general， the order of preference for B2G data sharing mechanisms should be voluntary enterprise sharing， compulsory contracting， and administrative compulsion. The application of compulsory contracting system in the B2G context must be subject to reasonable constraints in terms of its purpose， the parties involved， and procedural safeguards. Furthermore， the application of the compulsory contracting system primarily aims to facilitate the realization of data sharing. Nevertheless， with respect to the specific contractual terms， adequate space for mutual consensus between governmental entities and enterprises must be preserved.

Key words: B2G data sharing, integration of public and private law, data contract, compulsory contracting