On Legal Protection And Regulation Of Big Data

Under the tide of modern society, information technology, such as data, information and other new products or services, has developed rapidly, and has become the main force to promote social development in more and more occasions. Among them, the big data technology and related applications have a profound impact on the social landscape. However, the existing legal system and legal research for "big data" and more abstract "data, information" understanding and understanding is still superficial, the system supply is not enough.On the one hand, the value and legal position of "information" is still fuzzy. Although the current intellectual property system, contain the "information products" or "virtual property" content more or less, but always be unable to get rid of specific information Content or application areas. Although in the latest legislative activities of our country, the "General Principles of Civil Law of the People's Republic of China (Draft)" includes "data information" into the rights of civil subjects, but abstract "data and information" have legal "value" Whether it can be fully integrated into the intellectual property legal system, there are still some controversial. On the other hand, domestic and foreign research and practice for the "Big Data" a new understanding of knowledge products is superficial and not yet reached a consensus-long run, will lead to large data-related technologies and applications in the absence of the necessary supervision of the case " Brutal growth ", so that the negative impact of expanding, threatening the positive effects of technological progress. At the level of more abstract data information, the unreasonable interests gained by the specific subject through unreasonable monopolization of data and information may even affect the innovation of the whole society, the interests of competition as well as the progress of civilization.In this regard, big data-related legal system will play a crucial role. Specifically, this paper is divided into the following four parts, and corresponds to the four chapters of the paper.The first part mainly describes the new technology object "Big Data", and systematically combs the value stamp and legal expression of data, information and big data information. It is devoted to solve the problem of big data Related basic legal issues. The paper begins with the physical description of the big data, defines the basic concept of the big data and the difference between other information products. Then, it divides the data, the information and the big data information, the intrinsic value, the legal position and the the relationship between the legal basis of such issues to explore. Through this in-depth comparison and analysis, we can conclude that China's big data-related system is the "Big Data Information" of this special knowledge products, the main problem to be solved is to clear the big data information in China's legal system And to ensure the openness and sharing of data and information, as well as to determine the basic logic and path for the construction of related systems, while ensuring sufficient space for development of big data technologies and related applications in the legal system.In the second part, the author draws the conclusions drawn from the first part and explains and demonstrates the relationship between "big data" and "legal system of intellectual property rights" in many dimensions. Intellectual property system and social innovation activities are closely related, is also an important means of market competition. In addition to the characteristics of big data information itself, its impact on social innovation and market competition is an important factor in judging its relationship with the intellectual property system, which is the concentrated expression of the value of IP tools. From the perspective of technological development and social relations, big data in the "knowledge accumulation-expert innovation" outside the traditional model, the introduction of a new "non-expert mode", so that the original and social innovation activities are not closely related broad The subject can also participate in it, but also from the innovative activities of the main body of the identity and content of innovation and other aspects of the social subtle "stratification". In the competitive perspective, the big data profoundly changed the social competitive environment, making the data information become the main factor of competition, and make it have a similar "infrastructure" status, competitive advantage to master the advantage of data information side Constant concentration. On the basis of such a judgment, the basic idea of legal protection and regulation of big data intellectual property rights is clarified through the analysis of big data and traditional intellectual property object and the big data as new intellectual property object. For the object to build a new system of intellectual property protection.The third part is to discuss and analyze the theoretical basis of big data intellectual property legal system, and provide guidance for the follow-up system content design. The basic logic of the intellectual property system lies in the realization of public knowledge and knowledge sharing by giving the right holders the right to monopolize and dominate the knowledge. The right of the owner to the big data has a strong ability to dominate, making the traditional theory difficult to complete. Support the objectives and content of the new system, the need for development. In view of this reality, we should find out the theoretical logic that can recognize the "domination" of information and promote the "sharing" of the information, from the judgment of the relationship between "limited control" and "sharing" of big data information, To put forward the big data "limited control and depth of information sharing". On this basis, through the rationality of the new concept, the practical operability and the characteristics of big data itself and other aspects of the agreement, to achieve the theoretical support of the system of large-scale intellectual property rights, but also look forward to the development of relevant theories have contributed.The fourth part is mainly to build the concrete content of the big data intellectual property system, and also to respond to the contents of the first three chapters. While the related technology and application are still at the stage of development, the legal system for the protection and regulation of "big data" should uphold the basic idea of equitable distribution of relevant benefits while confirming property rights, ensuring transaction security and promoting technology development and application. With the "Regulations" as the priority, the basic legal relationship and benefit distribution clear and provisions, but also for the development and application of relevant technology left plenty of space. At the same time, "big data intellectual property" as a set of rights and obligations of the collection, but also from the specific content of the system, the right to restrict the intellectual property system and other aspects of external regulation to achieve social competition interests and information sharing protection.All in all, the rapid development of modern information society requires the development and improvement of the legal system. However, due to "data, information" contains the content, application areas, accompanied by the behavior and interests of the changes involved is extremely complex, making the construction of the relevant system very difficulty. Objectively, the value and energy of big data technology is so huge that it can fundamentally affect the development and future of the whole human society, making the law have to pay attention to it; At the same time, "Big Data Information "As the abstract sense of information "specific object, but also for the construction of the relevant legal system to reduce the difficulty. Therefore, studying and judging the content of legal protection and regulation of big data is not only a response to the needs of social reality, but also a feasible operating room and path.