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The Legal Regulation Of Enterprise Data Rights In The Era Of Big Data

Posted on:2021-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z F MuFull Text:PDF
GTID:2416330620463172Subject:legal
Abstract/Summary:PDF Full Text Request
New types of rights have become one of the common hotspots in the academic and practical fields in the information age.The market plays a decisive role in the allocation of resources.Enterprise data rights have become increasingly popular in society.Citizens have increasingly valued their data rights.For a country,the data and information in its jurisdiction should be shared by the public as non-scarce public goods like air and sunlight,and the use of these data and information is required not to harm public and personal interests.Data sharing can bring considerable economic value,cultural value,order value,etc.to the development of an information society.However,the rapid development of big data and the excessive use of information have caused a lot of problems,disrupting social order and affecting people's lives.However,the law is lagging behind,and the outdated and poor data rights theory is obviously unable to satisfy all parties in the face of data use.Call to order.Therefore,while rationally utilizing the potential value of development data,we must also take into account the order of data utilization,especially the use of data rights by data companies.Based on the development advantages of the western countries represented by the United States in the field of data in the last century,their related legal systems and corresponding academic research have also made great progress.In contrast,in China,some laws,regulations and policies have been introduced so far.Laws,regulations and regulations,it is not difficult to find that the information collection,processing and other aspects of the enterprise's exercise of data rights still lack clear regulations,lack of comprehensiveness and practicality.Although the measures taken by western countries in the data field have not reached perfection,there are still many commonalities that can be used for reference and provide a useful reference for China to establish a sound legal system for data rights regulation.This article takes the highly concerned data disputes between Weibo(Weimeng Chuangke)and Maimai Software(Taoyou Company)as the entry point and combination point to analyze the exposed data industry.Competition chaos,the role of citizen users in the Internet company data dispute,the lack of legislation on corporate data rights,and the current judicial practice's tendency to adjudicate in such cases.It mainly studies the existing issues of the attribute justice of corporate data rights and the specific rights and obligations that are closely related to corporate data rights.It also analyzes the different characteristics of relevant foreign laws and proposes the regulatory model of extraterritorial corporate data rights to China's judicial practice..Afterwards,according to the actual situation in China,suggestions for regulating corporate data rights are mainly included: attaching importance to legal research on corporate data rights,related specific legislative suggestions,focusing on legislative value orientation,and speeding up the development of related supporting systems and measures.At the end of the passage,the emphasis on the legislative study of corporate data rights is of great significance to the academic and practical practice of our country.
Keywords/Search Tags:corporate data rights, artificial intelligence, big data, legal regulation
PDF Full Text Request
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