Research On Legal Regulation Of Big Data Transaction In China

With the establishment of the Guiyang Big Data Exchange,the Big Data industry is developing more and more rapidly,Big Data transactions are becoming more frequent,and the law is the fundamental basis for regulating the order of Big Data transactions.Big Data is a new thing,and the regulation of Big Data transactions cannot be the traditional one.Based on the characteristics of Big Data,this paper analyzes the shortcomings of trading rules in the process of Big Data transactions,and gives suggestions for Big Data trading rules under the purpose of promoting the transaction.The introduction begins with the rise of the Big Data,and then the germination and the necessity of regulation is discussed,and the purpose of the article is stated.The second chapter of this paper is an overview of Big Data.Data is the basic component of Big Data.Firstly,it analyzes the concept and characteristics of data,demonstrates the basic components and legal attributes of data,and clarifies that data is a kind of property and should be included in the protection of property rights.Secondly,it analyzes the concept and characteristics of Big Data and states the meaning of the trading.The third chapter introduces the status of legislation in the field of Big Data transactions in China.It analyzes the legislative defects of laws,government documents and local regulations,and then deals with the main elements,objects,the legal status of the Big Data exchanges and data ownership.It discusses the shortcomings of the current trading system and the impact of these shortcomings.The fourth chapter is the introduction of the legal basis of the legal regulation of Big Data transactions and the introduction of American law.The legal basis involves data sovereignty theory,transaction security theory,self-discipline theory and data free circulation theory,respectively discussing the above theory in Big Data transactions.The fifth chapter of this paper is to improve the trading system.It discusses the legislative concept of Big Data transaction,the definition of ownership of data property rights,the limitation of transaction subject,the unity of transaction object scope,and the legal status and responsibility of trading platform.