Research On The Problem Of Data Ownership Under The Background Of Big Data Trading In China

From the era of big data to the age of artificial intelligence,data is the most important resource.Big data has become a pre-emptive tool for companies to compete,and more companies have directly claimed that data is their own assets.At the same time,big data has also become an individual privacy tracker.Big data has bred the soil of the new economy.Through big data transactions,data subjects can complete the effective allocation of resources.However,due to the complexity of data subjects and imperfect transaction processes,With the development of high heat,big data transactions are also facing difficulties hindering its development.The rules of the commercial big data trading market are confusing and there is no universally accepted pricing model;the lack of an effective model for public data opening and the weak succession of government big data supply...These problems are condensed into two current big problems in big data transactions: the determination of big data ownership and Big data pricing.The confirmation of big data is the basis of pricing and the guarantee of the orderly development of data transactions.In the practice of big data transactions,the distribution of ownership of data has gradually received attention,which generates some academic disccusion on this topic.Scholars generally believe that,in a broad sense,data rights include data sovereignty,data personality rights,and data property rights.In the specific context of data transactions,data rights generally refer to data property rights.This article puts forward different views : under the background of data transaction,data rights are a dual structure that includes data personality rights and data property rights.This article affirms the property attributes of data resources,and discusses the legal attributes of data resources in terms of real rights,intangible assets,etc.,and finally regards data resources as a new type of civil rights.This article gives a brief overview of the definition,content,and development status of big data transactions.Discuss the predicament of confirming the right of big data and analyze the causes through case analysis.In view of the current dilemma of real power,this article attempts to provide detailed and feasible implementation schemes for specific rights confirmation practices,and then provides benefits to the improvement of the data system,so as to change the reality that theoratical development is unable to keep pace with practical development.The first chapter is the introduction,including the article's research background,research significance,research methods,etc.In the literature review section,it analyzes the research status of the concepts of "data ownership" and "data property rights",and further analyzes the connotation and extension of data ownership.It demonstrates the property attributes of data rights and summarizes the prevailing views on the practice of right.The second chapter specifically elaborates the meaning and content of big data transactions,analyzes big data transactions and processes,and proposes a data transaction chain that includes data generating subjects,data collectors,transaction objects,trading platforms,and data demanders.In the background of big data transactions,it demonstrates that data rights have the dual characteristics including data personality rights and data property rights,and defines the characteristics of data ownership,data use rights,and data income rights.Finally,it describes the current legislation status and market development status of big data transactions in China.Based on the current status of big data transactions,the third chapter explores the predicament of data confirmation and causes of data confirmation predicament through case analysis methods.This paper proposes that the dilemma of data right confirmation mainly includes the lack of a right confirmation standard for the trading platform,the large number of subjects involved in data rights,and the blurred boundaries of data transaction objects,which makes the data trading participants compete for data control rights,data collection rights,and data revenue rights.It demonstrates the reasons for the argument dilemma include changes in the traditional trading market and corporate boundaries,the rule of law on data rights is fragmented,insufficient understanding of the necessity of data confirmation,and lack of judicial identification of data confirmation.The last chapter puts forward the principle of determining data ownership at first,and then sets up a confirmation scenario based on the participants in the data transaction,and establishes data rights and responsibilities mechanisms for personal data rights,corporate data rights,and government data rights.Finally,it is proposed that China needs to set up a special law for data confirmation and integration into the current data rights protection system.By establishing unified transaction rules and improving the transaction legal system,we can establish a legal system of data rights that can balance data personality rights and data property rights.