The Types And Rules Of Data Rights In China Under The C&M Framework

As new technologies and applications such as Big Data analytics,Cloud computing,and the Internet of Things are increasingly seeping into the business world and people’s lives,the way humans chat and communicate has changed dramatically,and generous data volumes are exploding.Data is increasingly becoming the most important nutrition and foundation of the contemporary era,and the basis for management and decision-making.In recent years,most countries and regions of the world have become increasingly focused on big data,trying to explore the potential value of data in a deeper way by expanding the scope of its application.In the real social environment,the deep integration of data and old and new industries,while innovating and applying,can not only promote innovation in social management,promote the transformation and upgrading of various fields to digitalization,networking and intelligence,accelerate the transformation and upgrading of information and services industries,and promote new economic growth points,but also strengthen market competitiveness,and improve the level and capability of national security,Innovative research and education models.As a result,in this era of big data popular ityes around the world,the attribution and use of data has become a new propositionWith the advent of the information age,data has gradually entered people’s vision,and the legislative value of data rights is becoming more and more obvious.The legal meaning of data rights refers to the freedom of data rights subjects to act or not to act on data,and this freedom is protected by law.Data rights or personality rights,or property rights.Data personality right mainly includes data informed consent,data modification right,data forgotten right,its main function is to protect the privacy space,let people enjoy the big data era of "good life";Its function is to guide data resources to be used reasonably and efficiently,allowing people to share the dividends of the value gains of big data.China’s current law does not make special provisions on data rights,but with more and more disputes caused by data,the focus and attention about big data of most countries and regions of the world is increasing,the establishment of Data Rights legal status is also more and more critical.Considering that the current law of our country lags behind in data rights and the increase of Data Rights disputes in practice conflicts,the establishment of data rights is within reach.The key to the legal allocation of data rights rules lies in the balance between data security and data circulation,and the C&M Framework in usage economics can find a breakthrough and provide a new path for the configuration of data rights rules.At present,our country should grasp the historical opportunity of the information age,make use of the C&M Framework for analysis on the basis of our national conditions,set up legal rules of data rights,speed up the reasonable setting of data rights in law,and clarify the attribution,scope and legal relief of data rights.In particular,in the context of big data,data rights should be applied to the C&M Framework from the perspective of data security,socio-economic security,national sovereign security and data circulation.This paper holds that personal data more or less involvepersonal privacy,affect personal life and work,for-profit legal entity data plays an important role in the current stable social economy,non-profit legal entity data also has a significant impact on national sovereignty security,so data security must be one of the rules configuration considerations.At the same time,data circulation cannot be ignored,data circulation in the process of socio-economic development also plays an extremely important role.However,the pursuit of data security may inhibit the development of market economy,and simply pay attention to data circulation will often cause the opposite effect,so to reasonably carry out the legal rule configuration of data rights,we must achieve data security and data circulation balance for the purpose Under this goal,combined with the "rules menu" of inaction rules,ban rules,property rules,control rules and liability rules in the C&M Framework,the enlightenment in the configuration of data rights rules in China is obtainedFirst of all,in view of China’s data protection is mostly "inaction rules",the relevant laws are in a blank and lack of state,the author believes that the future legislation,law reform should focus on "Positive rules",establish the legal status of data rights,specifically affect the consideration of data rights of attribution,scope and so on.Secondly,in setting the legal rules of data rights,different rules should also be taken into account for different rules for the allocation of different rules,for personal data,we often look at personal information,personal privacy protection,so the main choice of personal information security,low data circulation control rules;The main choice of high data flow property rules,non-profit legal person data,mainly to social and economic security performance and national sovereign security performance of the highest prohibition rules.In addition,a complete and reasonable legal rules of the legal rule framework often contains after-the-fact legal remedies rules,the data rights rules to check the gaps,the control rules and liability rules combined,so that in the case of data rights violations,there must also be legal rules for reference.