Research On Legal Perfection Of Data Transaction System In China

The term "big data" has been mentioned more and more,and data is expanding rapidly,which has become the basis for decision-making in many fields.Data,as a means of production,flows to the market,thus giving birth to relevant industrial chains."Big data" refers to data with the characteristics of large amount of data,fast data processing speed,data diversity and low data value density.Data transaction refers to the act of trading data as the subject matter.Data can be divided into different categories according to different standards.According to the degree of structuralization of big data,they are original data transaction mode,post-processing data transaction mode,application scheme data transaction mode and big data transaction platform transaction mode;participants in big data transaction are divided into direct transaction and indirect transaction;data transaction mode is divided into big data transaction object,mainly including personal data transaction,enterprise data transaction and large data transaction.Government data transactions.In order to develop the big data industry,countries have constantly introduced relevant systems to regulate the development of the data industry.The United States is more inclined to protect the freedom of data transactions,the European Union is more inclined to protect personal privacy,while Japan is seeking a balance between the two.Considering the current situation of data transaction in China,we can see that there are four shortcomings in the data transaction system:one is the absence of the legal system of data property rights;the other is the unclear division of legal responsibilities of data transaction subjects;the third is the absence of the security system of data transaction;and the fourth is the absence of the anti-monopoly system of data transaction.Accordingly,some suggestions are put forward to improve the data transaction system in China.In order to dig deeply the value of data resources and promote the development of big data industry in China,the above problems need to be solved.In view of the problems arising from data transactions,the following countermeasures can be put forward:First,on the basis of regarding data as property rights,data ownership can be differentiated according to different types of data transactions.Individuals have full ownership of personal data,while enterprises have limited ownership of anonymous data.2.Make clear the civil and criminal responsibility of each subject of data transaction through legislation.Third,we should improve the laws and regulations related to data security,at the same time,we should strengthen the supervision of the government's Data Trading Behavior and improve industry self-discipline.Fourthly,we should improve the anti-monopoly rules for data transactions,strictly investigate and punish data monopoly,and stipulate strict punishment methods.