Research On Legal Regulation Of Data Transaction

China's big data industry has developed rapidly Since 2009.Under the guidance and support of government policies,China's big data industry has entered a mature stage in 2016,and it is expected to drive the market value to trillions during the 13th Five-Year Plan period.The huge data industry is gradually maturing,and the commercialization of data resources has become a reality,and has become one of the important driving forces for the growth of the big data industry.At the same time,it also contains great value.The economic value of the data trading industry itself is constantly improving.The development of information technology has driven the data industry to produce huge commercial value,but China does not have a sufficiently complete legal regulation system.In the field of legislation,only the "E-commerce Law" and the "Network Security Law" currently legislate for the personal information and privacy protection of e-commerce consumers and network users.However,the above two laws are mainly regulated from the industry,not civil law.Field regulations.How to regulate data transactions should become one of the hot topics in the field of civil law.In this regard,the first problem is the legal nature of the data in the data trading industry.China's current legislation does not have a clear response to this,and the academic community has a lot of controversy.The key point of the debate is whether to establish a dominance on the data and give it strong protection.The uncertainty of the legality of data leads to the ambiguity of the legal regulation of data transactions.The inaction of data regulation leads to the inability of citizens to protect their personal information rights.On the other hand,the economic interests in the process of data transactions are also prone to disputes.The value of the data industry is difficult.Get the most out of it.This paper is divided into five parts.The first part analyzes the legal attributes of data.This part will start with a brief introduction to the concept of data rights,and combines the different claims of data rights in the current academic circles,and proposes the theoretical and practical obstacles of data rights.Then,according to the characteristics of the data,the legal attributes of the data should be discussed,and the tool attributes of the data should be adhered to,and the control rights should not be set on the data.The second part will analyze the legal relationship of data transactions,combined with the generation of data transactions.The analysis of development and data transaction mode refines the protection of personal interests of personal information on personal data in data transactions and the protection of economic interests of data transaction entities in the process of data transactions.On the basis of the second part,based on the second part,combined with the status quo of China's data transaction legal regulation,this paper puts forward that in the legal regulation of data transaction,there is a problem that the privacy of personal privacy and personal information is unclear,the personal information rights cannot be effectively guaranteed,and the contract There is still a gap in the regulation of data transactions,which leads to the confusion of data transaction mode in practice.The fourth part is the extraterritorial investigation of the legal regulation of data transactions.This part is still closely related to the data transaction process proposed by the author in the previous article.The issue of personal information protection and the regulation of data transaction process,examine the legal practice of the EU and the United States for these two issues,and summarize the gains and losses of the EU and the United States in data transaction regulation for reference in relevant legal practice in China;In the fifth part of the thesis,the author will put forward corresponding suggestions for the two problems in the data transaction regulation proposed in the third part of this paper,including the proposal to authorize the protection of personal information at the time of revision of the Civil Code.Emphasis on the personality rights of personal information,and in the contract law,the current data transaction industry should respond to the contract law rules.It is recommended to the data transaction rules and solidify them in the rules to standardize the current chaotic data.The trading industry;for the third party outside the contract relative relationship in data transactions infringement on the interests of the subject of data transactions,the author believes that from the commercial characteristics of data transactions,it can be protected through economic law regulations,without the need for property law,intellectual property rights Law or new rights method regulates data transactions.