| Since the State Council issued the guidelines on the implementation of “Internet plus” action in 2015,the development of China's digital industry has been still in disorder.With the continuous disputes over corporate data,personal information and privacy infringement,academic discussions have also shifted from legislative protection of personal information to promoting the circulation of data among corporate legal persons.From this,it can be seen that data governance has gradually developed from a single perspective into collaborative governance among governments,enterprises,industries and citizens.In 2020,the Internet will accelerate its penetration into traditional industries and move towards a new economic form that uses the new technologies derived from the Internet as infrastructure and implementation tools.Data governance is still in the embarrassing situation of weak laws,serious infringement and weak supervision,which puts forward urgent requirements for data right confirmation.It has unique value and far-reaching significance to confirm the right of corporate data property.First,the establishment of this right at the legislative level can provide a legal basis for the data capitalization of enterprise legal persons,promote the construction of data platforms and the legal circulation of data,and can also broaden the channels for data infringement remedies and protect the rights of data subjects.Second,the data property right of corporate legal persons is also helpful to the protection of personal information of citizens.The source of personal information infringement lies in the enterprises,and citizens have weak control over data.Governing corporate legal person data helps protect personal information and citizens' privacy.Third,corporate legal person data is related to national and public interests.European Union General Data Protection Regulation(GDPR)and California Consumer Privacy Act(CCPA)continue to affect global data bills.China has not yet formed the layout of data rules.There are still opportunities to have the data laws that affect the world and occupy an active position in the global vision.Fourth,the data rights are limited by the existing civil law system,the content of data rights is complex,and personality rights have always been a stumbling block to recognize data rights.Therefore,it is more acceptable for the existing civil law system to establish the property rights of corporate data from the property of corporate data,so as to actively promote the development of data rights.Based on this,the paper is divided into four parts.The first part starts with the data,clarifies the connotation of the concepts of "data","big data","information","personal information",and "corporate legal person data",observes the corporate legal person data from different perspectives,and discovers the property value of corporate legal person data,and paves the way for the entitlement of data later.The second part discusses the issue of the legalization of corporate legal person data.On the one hand,it discusses the deficiencies of the law and the actual needs;on the other hand,it proves the property rights of corporate legal person data from the theory of property rights,utilitarianism,and law economics.The property rights of property rights have quite a lot of academic viewpoints,such as the existence of "property theory","intellectual property theory","trade secret theory" and "new property rights theory",etc.Therefore,it is necessary to position the property right of enterprise legal person data in the civil law system,and further explain the possible path of right.The third part elaborates the subject,object,acquisition and content of corporate legal person data property rights.The corporate legal person enjoys the data property rights of the corporate legal person for the data of the asset nature owned and controlled by the corporate legal person.The corporate data property right is an absolute right.It is designed with reference to the four basic powers under ownership.The exercise of the rights is limited by the national security,public interest,personal information,etc.The fourth part discusses the specific restrictions on corporate data property rights,mainly from the three dimensions of national security,public interest,and protection of personal information.Taking into account national sovereignty,social governance,respect for individual self-determination and personal dignity,the thesis strives to find the greatest common denomination in the interests of all parties,and explores the greatest value of corporate legal data and property rights. |
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