Discussion On Legal Regulation Of Data Transaction

Being a novel kind of resource,data bears an essential part in the developing process of the data industry.Data transaction emerges with the developing trend and general direction of times,which could swiftly enhance the circulation of data resources and devastate data isolated islands.However,what lies under the chaotic market of data transactions is the danger of legal deficiency.Theme of this essay is to analyze the nature of legal act of data transactions after studying its current situation,and try to put forward recommendations to set up a legal regulation system for data transactions,in order to close related legal gaps,build a safe circumstance for trade,and regulate the data trading market.Based on previous viewpoints,this paper innovatively analyzes subject and object of data transactions,transaction behavior and other legal relationships involved in the framework of the constituent elements of legal behavior,and then puts forward relevant legislative proposals.The essay concentrates on the following contents:opinions on the nature of data are diverse and there is no final conclusion yet.The essay probes into the various theories and proposes that data should be listed as the object of a new civil right,and various kinds of data under this right will endow their contributions.There also exist diversities in the legal contributions of data transaction,for instance purchasing and selling,service and permission.Stemmed from practices and existing legal provisions,this paper proposes to characterize it as licensing behavior.Besides,the data transaction platform is vaguely defined and tends to sink into the dilemma of self-supervision.After discussing the above-mentioned basic problems,this paper attempts to put forward some suggestions on the construction of a legal supervision framework,specifying the nature of the data,constructing data ownership,clarifying the responsibilities of all these kinds of subjects,standardizing the data cleaning standards,as well as the quality and price standards,and combining with our national conditions,enlist specific approach to apply the above measures to promote the legal and refined and organized development of data transactions.