Research On Civil Law Protection Of Data Property Interests In China

The emergence of big data and the rise of emerging industries such as mobile payment and sharing economy have promoted the rapid development of China’s digital economy,making the application of Internet in the field of consumption more in-depth,and data gradually has more commercial value.Different types of data platforms are widely used in sales,health care,insurance,transportation,service and other industries to improve the efficiency of industry production,operation and management.Data resources have become the most valuable resources in the world.Starting from data’s basic theory,this paper defines data’s connotation and extension through the introduction of its concept,legal attributes and types.At the same time,by the analysis of related theories of data property interests’ generation mechanism and interest protection,and considering the theory and property interest outside data protection legislation pattern,combing the actual state of legislation in the civil law protect the data property interest and judicial operation present situation,analyzes our country at present problems existing in the civil law protection of data property interests.Then a progressive plan for a triple construction assumption of data property interests of civil law protection system can be proposed from its basic concept,multiple subjects to relief path.This paper is divided into four parts.The first part summarizes the basic theories of data and data property interest,introduces the concept of data,the legal attribute of data and the classification of data,the sorts of data,the analysis of its value forming process,and theories proposed by scholar in our country.The second part introduced some protection ways to data property interest in outside region and comments on the civil law protection methods of data property interests in the United States and the European Union,summarizes the enlightenment of the European and American data property interests protection models to China,and hopes to be a reference in the construction of China’s data property interests protection system.The third part combs the current legislative and judicial situation of the protection of the interests of data property in China,analysis of the current data property interests of the civil law protection in China are faced with the dilemma,there are data property interests of the civil law protect the interests of the lack of basic ideas,data,property,the ownership is not clear and the question of civil relief path is not sound.The fourth part in view of the present data property interest protection in our country the main problems existing in the process of put forward the corresponding solution measures to clear the data property interest basic idea of civil law protection,determine the ownership of personal and non-personal data property interest,improve the data property interest relief path of tort liability and liability for breach of contract relief path.Through the perfect data property interest relief way,respond to the system guarantee of the digital economy development demand,in order to achieve the result of perfect data interests protection legal system.