Analysis On The Data Property Rights

With the rapid development of Internet technology and the advent of the era of big data,the trend of data dissemination has become more and more obvious.As a high-efficiency production material in specific fields,data has created enormous social wealth for human beings.Data has increasingly become a production and life of human society.A new type of property rights object.Under the trend of data property,data not only has the constituent elements of property rights,but also has its own unique value attributes.Under the serious impact of the expansion of the property rights of modern civil law on the material and debt system,it is completely covered by the non-traditional property rights system.Recognizing that data is a new type of property rights object,in line with the theoretical claims of rising data interests as civil rights,can effectively promote the development of data property empowerment theory;at the same time,it is also the practical basis for solving data interest disputes and ensuring data transaction security.Therefore,in addition to the traditional protection of rights protection model,it is necessary to establish data property rights and construct a legal system for data transactions.China's "General Principles of Civil Law" has made "window-opening" legislation for the first time in its Article 124 protection of data and network virtual property.Because there is no law,the data property is specifically regulated,and the article does not have Actual operability,so there are many disputes about data assets,such as the concept and nature of data and data assets,the way data property rights are constructed,the infringement of data property,and the protection of data property rights.In judicial practice,the judgments of local courts are also inconsistent with respect to how to deal with data property disputes.Some have recognized the economic value of data,and believe that the protection rules for property rights should be analogized,while others are recognized as data service contracts."To judge.Therefore,it is of great significance to study the theory of data property rights construction and its civil law relief methods.Therefore,the paper is mainly divided into the following three parts.The first part starts from the trend of data property.It believes that the data has the characteristics of property rights,such as specificity,independence,use value tradability and legality.It has the characteristics of being commendable in the civil rights system,and the right to disclose the nature of data."," "new personality rights theory" and "property rights theory" do not take into account the foundation of data property weighting theory and the reality of data interest disputes.Therefore,data is a new type of property rights object,and it is objectively necessary to establish data property rights.The second part discusses the theoretical and practical basis of data property rights construction.the changes of property concepts,the extension of property law theory,the determination of data interests and other factors,the construction of data property rights in line with the actual needs to legal protection,and then to the property protection of property law Logic;Based on the current lack of operability of China's data regulation laws and the characteristics of data assets,the path selection of data property rights construction should divide the original data and derivative data,and supplemented by different legal systems.The data property right is divided into the original acquisition and the subsequent acquisition.The data property right has the power of possession,use,income and disposal.In terms of effectiveness,the validity of the data property right may not be used,stop the infringement,damage compensation,etc.without consent.The third part is to realize the value of the data property by comparing the agreed use under the autonomy of the autonomy and the legal use of the two kinds of data property rights under the special restriction and the way of exercising the data property right.At present,there are different degrees of problems in the protection of data property rights in China's civil law.For example,the inclusion of property law protection leads to the non-existence of property law extension,which is inconsistent with the legislative purposes of intellectual property law protection and encouragement and innovation.The protection of data property rights shall be based on the principles of notification and informed consent,the necessary and security principles,specific purposes and timely deletion.In addition,clarifying theinfringement of data property rights is the premise of defining the tort liability.Based on the physical structure of the data and the state of its existence,stopping the infringement and damage compensation should be the main civil law relief system.The time value is compiled by the Civil Code.This paper is based on the fact that data property is a new type of property rights object.From the perspective of data property weighting theory and the legitimate distribution of data benefits,it provides suggestions for the construction of legal system for data property rights,thus formulating the Data Property Law for the later period.Make a certain preparation,and at the same time solve some problems in dealing with data interest disputes in some judicial practice.