Resarch On Construction Of Data Rights And Big Data Transaction Rules

With the rise of big data related technology,the rapid development of data industry has a comprehensive and profound impact on modern society.At the same time,since 2010,with the central and local policies to promote the development of big data industry,the big data transaction market is also growing and has become an important industry with implicit depth value in China.In recent years,while the scale of big data transaction in China has been expanding,the data related legislation lags behind,cannot adapt to the pace of the development of big data transaction,so that China's current big data transactions are faced with problems such as the uncertainty of data ownership,unclear transaction standards,lack of transaction pricing mechanism and lack of personal information protection which affects the further development of the data industry.Also,it is not conducive to the protection of personal information in big data transaction.As far as the attribute and ownership of data rights are concerned,the open sharing of data,the intangibles,the high cost of exclusivity,the characteristics of data such as the transfer of ownership determine that the data cannot be included in the adjustment category of real right and intellectual property rights.Limited by the relativity of contract,the data cannot be included in debts,either.The existing theoretical system and legal provisions of civil law cannot define the legal attributes of big data comprehensively and accurately,and the attribution of the rights of the data itself is uncertain.For the legal regulations of big data transaction,there is a lack of unified big data transaction rules in China,the current data transaction rules are mainly dominated by big data transaction platform,leading to some differences in the transaction rules of different platforms,and the relevant rules are difficult to fully conform to the characteristics of big data transaction.Specific to the data transaction process of personal information protection mechanism,China's relevant departments have begun to pay attention to the legislative work of personal information protection,but the relevant provisions still have problems like scattered distribution,general content,low level of effectiveness and so on.Compared with the United States,Germany and the European Union,China's big data transaction legal regulation system has the lack of data absolute rights,resulting in insufficient data protection.The supervision depends fully on freedom of contract,which leads to the absence of specialized big data transaction rules unified norms.Also,China relies on private laws and regulations to regulate big data transaction,improperly ignores the importance of public law and consumer regulations.The imperfection of big data transaction rules hinders the development of big data transaction industry to a certain extent,affects the protection of personal information in the process of big data transaction,and urgently needs to explore and perfect its regulatory path.This paper mainly uses economic analysis method and comparative research method to study the related legal problems in the process of big data transaction,and discusses the identification of data rights attribute,the establishment of data transaction rules as well as the protection mechanism of personal information under the data transaction environment in combination with the methods of semantic analysis and empirical research.Under the realistic background that the existing civil law theory system cannot accurately define the legal attributes of big data and protect it,we should consider combining the two-way nature of data rights and the characteristics of data economy as property benefit as a whole,and construct a new data rights system.Specifically,the data rights system should include the data rights generated by the user based on personal information and the data rights of data operator based on data assets,the former including the personal right and property right of data,the latter specifically includes the data management rights and the data right of assets.At the same time,we should promote the development of data transaction market as the overall goal orientation to build data transaction rules,adhere to the overall goal of promoting the development of data flow,to the basic principles of liquidity,stability,transparency,openness,fairness,personal data protection,risk sharing.On this basis,the data transaction activities are regulated from two aspects of subject rules and behavior rules.Supplemented by the big data transaction registration management rules,big data transaction funds settlement rules,big data transaction transmission delivery rules and transaction intermediary related rules and other data transaction supporting system.Meanwhile,we should clarify the responsibility of violating personal information,violating the contract of data transaction and the mechanism of liability identification.We should build a relatively perfect big data transaction of the civil and regulatory path based on the above design,in order to balance the relationship between data protection and utilization better,and to achieve the optimal allocation of data resources and the beneficial flow of data,ensuring the legal,stable,harmonious and orderly data transactions.