On The Commercial Utilization And The Right Allocation Of Big Data Of Network Platform

With the tide of “cloud computing” and “Internet +”, the big data has become an irreversible trend, and the commercial use of the big data occupies a significant position in view of now transformation. No one can deny that the big data era is the best time, but the big data era may also be the worst time. People enjoy the high efficient and convenient which comes from the data resources, and meanwhile have to endure the threat caused by the illegal data collection, disclosing privacy, data monopoly, etc. How to effectively check the illegal behavior of commercial use of the big data has become a pressing problem. For our country, as the pioneer and leader in the big data field, this problem may be more urgent.This thesis takes the logic from the surface to the essence, from the basic concepts to the practical problems, then to the essence of problems. Finally, on the basis of the classical theory of civil and commercial law and the current situations of the commercial use of big data, I put forward the suggestions. Besides introduction and conclusion, this thesis is divided into four chapters:Chapter Ⅰ: Make a clear overview of the whole article. First, comb the concept of network platform. Second, comb the concept of big data, and define the current mainstream concepts into technical and non- technical. Then, I put forward my own argument on the basis of their views. Third, discuss the types of the big data, and point out the characteristics of different kinds of data in details. Finally, make a thorough and detailed analysis of the concept of the key concepts.Chapter Ⅱ: Elaborate the present situation of the commercial use of big data. First, list the legitimacy basis of the commercial use of big data. Second, describe four basic ways of the commercial use of big data. Finally, in based on reality, reveal many realistic problems triggered by the commercial use of big data, including illegal data collection, disclosing privacy, data monopoly, etc.Chapter Ⅲ: Detailed analyses of multiple interest subjects in the commercial use of big data, and this chapter is also the reason of the problems. First, a large body of data business application at all stages of type-division, including data producers, the actual data control and data supervisors. Second, discuss the demand for core interests and conflicts of interests among stakeholders, and reveal the complexity, disorder and conflicting of the interest pattern. Finally, discuss the dynamic game situation between the personality interests, property interests and social public interests.Chapter Ⅳ: Propose the suggestions to solve the conflicts and to prevent the reality problem that is to set the related subject of the legal level, the guide of multiple interests’ interaction. First, a detailed analysis of the nature of rights allocation and implement the basic principles. Second, analyses the phase of provision and collection how to allocate rights. Third, analyses the phase of analysis how to allocate rights. Finally, analyses the phase of using how to allocate rights...