Jurisprudence Research On Data Property Rights

With the rapid development of human society and economy,network science and technology has also entered a new era.From the Internet to da ta information to artificial intelligence,the development of cloud computing technology has led to a rapid growth in data size,and human beings have entered the "big data era." The importance of data resources in this era continues to be manifested.It has not only become an important means of production and living,but has also become a form of interest that the society generally pursues.Data is not only closely related to our production and life,but also constantly changes our thinking patterns and behaviors.In this context,how to clarify the nature and attribution of data rights in law,increase the protection of data rights by law,and construct and improve the system of data property rights,which has become the focus of research and discussion by Chinese and foreign scholars.The premise of perfecting data legislation.Nowadays,the academic research on data property rights is still in the stage of concept formation.Scholars have given their own unique insights on the construction of data propert y rights from their own perspectives,but there are few articles from the perspective of jurisprudence.Most of these articles are an analysis of the existing phenomena of data property rights,lacking a certain theoretical summary and refinement.What is the right of data property,how to make an appropriate definition of data property rights from the perspective of jurisprudence is the primary task in the legal research of data property rights.The legitimacy of rights is the soul of rights.The right to lack of legitimacy may evolve into privilege and even violence.How should the legitimacy of data property rights be interpreted? What are the logical components of data property rights? What are the obstacles to the rise of data property rights as an emerging right in the process of rising to law? What are the implementation paths?This article is divided into three parts.The main content of the first part is the legal definition of data property rights.It is divided into two levels.The first level,through the analysis of the existing theory of data property rights,they are summarized into four categories: personality rights,property rights,trade secrets and intellectual property rights.On the basis of separate reviews,the conclusion that data property rights are a new type of property rights with both personality rights and property rights is a new exploration attempt on the nature of data property rights.After legally defining the attributes of data property rights,it is the ontological deconstruction of data property rights.Using the general principles of rights logic,the composition of data property rights is analyzed from four aspects: subject,interest,behavior and legitimacy.The four components of the subject,interest,behavior and legitimacy of data property rights are logically interlocked and indispensable.Through one-by-one analysis,we can have a deeper and more systematic understanding of the object of data property rights.The focus is on the justification of data property rights as a new right.First of all,the concept of legitimacy of general rights and the concept of legitimacy and rationality are separately analyzed,and the legitimacy of rights is appropriately explained,and then the legitimacy of data property rights is explained on the basis of this.Next is the analysis of the legitimacy of data property rights,divided into two parts: formal legitimacy and substantive legitimacy.Formal legitimacy means that in the change of time and space,data property rights conform to the formal appearance conditions of emerging rights;substantive legitimacy means that data property rights have certain rationality from the perspective of ethics,socioeconomic or jurisprudence.It is the adaptation of the law of development in the era of big data,and it is the embodiment of satisfying the interests of most members of society.At the end of the paper,the issue of data property rights as an emerging right is discussed.First of all,the realization of data property rights depends on the development of economic system,the tolerance of social environment and the recognition of ethics.Therefore,economic factors,social factors and moral factors constitute the three basic factors that affect the realization of data property rights.Secondly,the realization of data property rights,In the final analysis,it is the realization of rights.From the legal point of view,the realization of rights necessarily depends on three ways: Improve the trading mechanism,strengthen legal supervision,and speed up the legislative process.In the process of realizing the property rights of data,how to ensure the satisfaction of legitimate rights and interests,and to avoid the excessive extension of private rights and the generalization of rights,is a problem that we need to reflect at all times.As an emerging right,the academic community has some achievements in the research of data property rights.However,most of these research results come from the perspective of departmental law.It is rare to use legal methods to analyze the legitimacy of data property rights and the logic of data property rights.This paper attempts to make a legal analysis of the logical composition of data property rights,the legitimacy of data property rights,the realization basis and path of data property rights through the general principles of rights legitimacy and rights logic,and at the same time legally define the concept of data property rights.In order to better build and maintain the data property rights system and promote the development of the data rights system.