Research On The Legal Issues Of Data Rights

In the digital economy,data can be said to be the backbone of its economic development.Without data,there is no digital economy.The development of the digital economy is inseparable from transactions such as data collection,processing,and development,or its industry chain.The virtuous circle of the economy benefits from the support of a set of relevant legal systems such as the determination of the subject of rights,the clarity of rights,and the corresponding responsibilities in market transactions.And the foundation of this related legal system is all attributed to the most fundamental and most important definition of the nature of rights in the legal system.A clear definition of the right attributes can build a corresponding protection system on this basis.In the definition of the object,the object is like a pin of the sea.This paper starts with the analysis of the legal attribute of the object of data rights.First,it discusses the academic views on the attribute of data objects,and puts forward that data has the characteristics of certainty,non independence and non competitiveness.Then through the analysis of the general possession control principle of the right ownership in the current legal system and the data sharing principle,the principle of limited rights,the principle of data producers,etc.concluded by combining the characteristics of the data itself,the subject of the data right ownership is determined.After the research of the current academic scholars' research progress,I summarize four development stages,and make a comparative analysis with the civil rights in the current legal system combined with the characteristics of the data itself.The conclusion is that the attribute of the data right is a new type of non exclusive property right which is similar in nature to the limited property right in the real right and in the way of exercising the right is similar to the intellectual property right.Finally,through the analysis of the legislative provisions of the EU,the United States and Australia,it concludes that the dual protection mode of the EU's economic and basic rights can be used as a reference for China's legislative mode.