Research On Legal Regulation Of Big Data Transaction

With the arrival of the era of big data,the big data industry is developing rapidly,and the big data transactions are becoming more and more frequent.However,due to the problems of inconsistent trading standards,unclear laws and insufficient supervision,the effective supply of big data trading market is still seriously insufficient.From the perspective of ensuring the safe and orderly conduct of transactions,this paper puts forward some Suggestions on the legal regulation of big data transactions.At present,the legal provisions and policy documents related to big data transaction in China play an inefficient and lagging role in practice.Although each major trading platform issued different trading rules,but the standard is different,the lack of detailed provisions for trading links,trading dispute relief provisions are incomplete;There is a lack of reference of superior law when making the local documents related to big data transaction in each province;These are not conducive to the long-term development of big data trading.China’s special legislation on big data trading is imminent.On the one hand,the special legislation at the national level can provide an effective upper law reference for the rule making of trading platforms.On the other hand,it can also conduct detailed sorting and regulation of the links in the process of big data transaction,ensure the safe and orderly conduct of transactions,provide a strong legal guarantee for the resolution of disputes,and be conducive to the long-term sustainable development of the big data transaction industry.Based on the problems existing in the practice of big data trading,this paper proposes some targeted Suggestions on legal regulation in the face of the current situation of lack of legal provisions.The first part of this paper clarifies the legal basis of big data transaction and the constitution of the legal relationship of big data transaction.The second part analyzes the current situation of big data trading,including the lack of legislation at the theoretical level,the different trading standards of each platform at the practical level,the confusion of trading rules and the lack of adequate supervision.Then it summarizes the feasibility and necessity of legal regulation of big data transaction.Third part summarizes the big data exchange problem facing the macro level and micro level,the macro level from the transaction security,the market mechanism,the illegal data exchange and trade regulation and so on four aspects to find and summarize problem,micro-level problems specific to each data transaction link,from the data source,data transaction summary on the content and the trade dispute relief mechanism analysis;In the fourth part,the author puts forward some suggestions on legal regulation.Based on the definition of data ownership,the legal status of data platform,the trading rules and the remedy mechanism of trading disputes,this paper summarizes the factors that should be considered in the construction of legal system and puts forward some Suggestions.