Study On Legal Protection And Restriction Of Data Property Right From The Perspective Of Factors Of Production

As the economic value of data in the digital economy has become increasingly prominent and data has been considered to be the primary factor of production of the digital economy,China clearly proposes policy requirements for accelerating the cultivation of the data production factor market and mining the economic value of data.However,since there are not legal provisions for the ownership and protection of data property,legal disputes arising form data possession,analysis,and utilization are endless,which seriously hinders the accumulation of data and is not conducive to the development of the digital economy.On the one hand,the unstable status of data possession and frequent disputes over data ownership rights have inhibited the enthusiasm of the data industry for investment;on the other hand,unclear data ownership has increased data transaction costs and hindered the formation of the data production factor market.Based on the above background,this article takes the positioning of production factors as a perspective,and firstly studies the allocation and protection of data property rights from a theoretical level.Considering the positioning of data as a key production factor,the requirements for the optimization and upgrading of data accumulation and the insufficient development of Chinese data element market,China should distribute and protect data property rights.Chinese current laws cannot respond to the new requirements of the development of the digital economy,which determines the necessity of data property protection.From the perspective of the legitimacy of rights,the data property rights are in line with the requirements of the social welfare maximization and the economic efficiency of utilitarianism,so the rise of data property interests to data property rights is justified.Secondly,at the construction level of the data property rights protection system,taking the attribute of data production factors as an important consideration factor,around the two objectives of stimulating data accumulation and configuration efficiency improvement,data property rights objects,subjects and authority can be constructed.Taking the strong circulation of data and external diseconomies into consideration,the law should restrict the data property rights as necessary for the three issues of information sensitivity,information security,and freedom of information.Too much attention to the personality attributes and public interests of data is the main reason for the difficulty of solving the data property rights problem.From the perspective of the positioning and attributes of the production factors of the data,the research can discover the economic nature and legal protection needs of the data in a deeper level.Defining andprotecting data property rights and appropriately restricting data property rights in order to protect higher legal interests are of crucial significance for the positive economic benefits of data and the development of the data economy.