Research On The Construction Of New Data Property Rights In China

The development of data deep digging technology has injected new vitality into the era of big data.The smooth operation of big data is inseparable from the massive investment of data companies.In order to avoid the recurrence of the tragedy of the commons,clearing the property rights and providing adequate and effective legal protection is the internal driving force to stimulate the vitality of the enterprise and promote the development of the data economy.From the perspective of the protection of current private law practice,the protection of data assets by traditional civil law protection strategies under the existing civil law structure is quite limited.Therefore,this paper is committed to constructing a new data property rights system to protect data assets.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is to explain the origin of data property protection.The author first analyzes the difference between the original data and the derived data from the data concept,and combines the current trend of data assetization to analyze the current lack of relevant legislation on the protection of data property in China and the practical problem of insufficient protection of data property in judicial practice.The second part is mainly to explore the path choice of data property protection in China.Through comparative analysis of path one:the absorption and protection path of existing property rights and the second path:the advantages and disadvantages of the new data property rights protection path,comprehensive use of labor empowerment theory,possession theory The theory of data propertyization explores the legitimacy of constructing a new type of data property rights system and its construction significance.The third part focuses on the legislative direction and principles of constructing a new data property rights system.Four suggestions are proposed:the first to construct an open data property rights system;the second to highlight the uniqueness of data property rights;the third to clarify the rights boundary of data property rights to prevent abuse of rights;and the fourth to form a hierarchical protection from civil law to civil single law.In the construction of the new data property rights system protection principle,the principle of differentiated protection,phase protection principle,prohibition of rights abuse,and rational use of the new data property rights system are proposed.In the fourth part,the author first proposes the privilege of building a new data property right.Starting from the positioning of data property rights,the basic framework of data property rights is established,in order to play an important role in the construction of the overall new data property rights.In the construction of the new data property right system,the two standards of data property rights are available,and the data collectors can enjoy the data property rights through legal collection.In the protection of data property rights,the data security rights are proposed.Protect and limit the power of fixed-limit data property rights.In the construction of the restriction system of data property rights,the author proposes to use the intellectual property restriction system to adopt content and exercise restrictions on data property rights to seek the balance between individual elements and social elements.