Data Right Research

The artificial intelligence technology is constantly promoting the development of the big data age.In this context,the data economy is derived.Now it has become the most important wealth of the current society.National leaders have repeatedly stressed the great influence of the "data economy" as a resource that is more precious than oil.In view of this,the general provisions of the civil law include the personal information,data and virtual property of the network,and strengthen the relevant provisions of the data through the establishment of national legislation.This article adopts the literature comprehensive analysis method,the comparative analysis method,through the analysis of the status of the research on data rights at home,on this basis,the study of data concepts,features and classifications is carried out,discrimination of data and concepts such as large data,data and information,lay the foundation for identifying the object of the data right.Then introduce the legislation of extraterritorial data rights,take the European Union and the United States as the main research objects,and analyze the relationship between them.Then it expounds the legislation on the right of data in the general principles of civil law,and through the study of the evolution and position of the 111 st and 127 articles in the process of making the general principles of civil law and the method of system interpretation,the author proposes that the general principles of civil law divide the data rights into the data rights and property rights of the personal data and the property.Property data,rights and objects are divided into two parts: data and network virtual property.In the context of the era of large data,The general provisions of the civil law stipulate that personal information,data and virtual property of the network are included in the chapter of civil rights,it embodies the epochal nature of the code of our country,it is also known as one of the ten highlights of the general principles of civil law in China.It is obvious that the civil legislation of our country is gradually synchronizing with the level of national social and economic development.As the general principles of civil law have not clearly put forward the concept of data rights,scholars have put forward different doctrines on the connotation and legal attributes of data rights.On the basis of summarizing and reviewing various theories,the author demonstrates the right of data rights according to the principle of the traditional civil rights classification,and puts forward the right of personal data.Profit is a new civil right with dual contents of human and property,while property data right is a new kind of property right.The power of data rights is divided according to the different subjects of data rights,and the power and energy of data in the four processes of collection,use,processing and transmission are analyzed in a diagram.The rights and interests of data rights are different in different stages,and the subjects of undertaking obligations are also different.Finally,through the case of the typical infringement of data rights,the case of "micro-blog v.pulse",the act of infringing on the right of data can be not only a breach of contract,but also a tort,and the corresponding elements of responsibility and the way of taking responsibility are expounded respectively.The author hopes that this research can provide some references for solving the cases of infringing data rights in judicial practice.Please criticize and correct the limited level.