On The Legal Protection Of The Type Of Data Property Rights In China

In the Internet era,the data known as the "21st Century Diamond Mine" has aroused widespread concern in the society.The value of data has become increasingly prominent,and the data trading market has become increasingly active.It has created enormous economic benefits for society and also has constituted a danger for data security.Threats bring many problems.Data disputes between SF and rookie,as well as between Tencent and Huawei have fully exposed the competition in the data industry.The personal data of nearly 20 million hotel customers have been leaked due to network system failure in Hanting and Home Inns.It is a cause of concern to the public.The root cause of these problems is that the data boundary rights are not clear.Data property rights determine the initial configuration of data resources and can affect the ownership of data resources such as ownership,use rights,and income rights.At present,there are few laws and regulations concerning data protection in China,and there is no definition of the type of data property rights.It is even more difficult to resolve disputes.The "General Principles of Civil Law",which was implemented on October 1,2017,made guidelines for the protection of data,and reserved space for the improvement of data protection legislation,but did not clearly define the data property rights.In short,the unclear definition of different types of data boundaries,such as personal data,enterprise data and public data,seriously affects the optimal allocation of data resources,which in turn affects the healthy development of the data industry and threatens network security.Therefore,the type protection of data property rights has become an urgent problem to be studied in China.This article uses type analysis and law economic analysis to study the typed legal protection of data property rights in China.The article divides three different data types,analyzes the problems and causes of the type protection of data property rights in China,and on the basis of the experience of type protection of data rightsoutside the domain,puts forward specific measures to improve the type protection of data property rights in China.And the establishment of a data concept to protect the overall concept of social governance system.In addition to the introduction and conclusion,the main content is divided into four parts.The first part is an overview of data property rights.First,clarify the concept of data and its characteristics,and analyze the relationship between data and information.Secondly,the concept of data property rights is defined,and the differences and connections between data property rights and intellectual property rights are analyzed according to the characteristics of data property rights.Secondly,it is proposed that clear data property rights have multiple functions such as certain disputes,incentives and protection innovation.Finally,the paper analyzes the legal protection of data property type by using transaction cost theory,contract theory and public interest theory.The second part is the analysis of the status quo of data type protection in China.The type protection of data property rights in China faces a series of problems such as vague definition of ownership,serious data leakage,frequent data monopoly and slow resource integration.The main problems in China's data industry include the lack of laws and regulations,poor security protection,poor industrial competition and lack of sharing ideas.The third part is the experience of the type protection of extra-territorial data property rights.Outside the region,the scope,policies,and paths involved in data protection vary from region to region.For example,Japan adopts a decentralized legislative system,the EU focuses on the protection of sensitive data,the United States focuses on industry regulation,and Russia establishes data for protection.Regulatory Authority.These extraterritorial data property rights protection practices provide valuable experience for the establishment and improvement of China's data property protection system and are worth learning.The fourth part is to improve the recommendations of the data protection system of data rights in China.It is the core part of the article.In view of the protection of personal data property rights,suggestions for perfecting privacyprotection,establishing authorization rules and liability rules were put forward;for the protection of enterprise data property rights,suggestions for anti-monopoly regulation,protection of trade secrets and self-discipline protection rules were put forward;Recommendations for establishing shared open rules,intensive and efficient rules,and safeguarding security rules.On this basis,it also proposes the idea of establishing a system of data property protection to protect the society.