Research On The Construction Of Dual Structure Of Data Property Rights

Data is becoming a particularly important production factor in addition to labor,capital,and technology.At this time,data rights have been recognized by the academic community as an emerging property right.The research on data property rights is imperative.Data is the most basic element and concept of data property and data property rights.The premise of clarifying the connotation of data property rights must first clarify the connotation of data.However,after reviewing the status quo of legal regulation of data property and the definition of legal attributes of data property rights,it can be found that the current legal attribute definition of data property rights is in a dilemma of "proprietary rights of data property".This will not only force the authorization of data rights,but also lead to the creation of data monopolies.Therefore,it is necessary to construct a dual structure of data property rights.The possession theory of data ownership,the value theory of data usufruct,and other systems of the existing dual structure of rights can provide feasibility for the construction of the dual structure of data property rights.In order to construct the dual structure of data property rights,the data ownership of data producers and the data usufruct of data processors should be specifically constructed respectively.First,in terms of data ownership,the object of data ownership is data resources,and its subject is the data producer,and on this basis,the construction of the acquisition and elimination of data ownership is carried out.The idea of ownership acquisition in civil law believes that the acquisition of data ownership should rely on the production of data;the second is to explain the data deletion behavior by introducing the concept of "data forgetting right",which can further improve the existing data ownership elimination system.Second,in terms of data usufruct,the object of data usufruct is data information,and its subject is the data processor.On this basis,the content of the acquisition,transfer and elimination of data usufruct is constructed: First,the acquisition of data usufruct.The construction of the system requires detailed administrative licensing in terms of legal provisions,and specific regulations on the agreement of both parties in terms of legal acts.Second,the transfer system of data usufruct should rely on its acquisition system.Third,after synthesizing the civil codes of various countries,in the subjective aspect,the eradication system of the data usufruct right should be eliminated when both parties die or lose their qualifications;in the objective aspect,when the behavior of the data processor violates the compulsion of the law Regulations,breach of contractual agreement or exceeding the applicable period of the data usufruct will also lead to the extinction of the data usufruct.