Research On Legal Issues Of Data Transaction Rules In China

Since the establishment of the development direction of data trading in China,the scale of data transactions has risen year after year,and big data trading platforms have also emerged in various places.Because China has not yet issued special legislation on data trading rules,a series of legal issues arising from inconsistent rules in practice cannot be properly resolved.Through the analysis of the current situation of the development of China’s data trading industry,it is found that there are currently legal problems such as different data ownership,lack of transaction pricing mechanism,and imperfect dispute resolution mechanism.Summarize the existing legislation,policies and trading rules formulated by local big data trading platforms,and improve the data trading rules from the following three aspects in a problem-oriented manner.First of all,from the macro perspective,the data transaction principle is constructed from the two dimensions of equity protection and industrial incentives,providing direction for the formulation of subsequent specific rules.Second,in view of the above-mentioned legal issues,we will improve the specific rules of data transactions at the level of subject and behavior.Finally,in order to ensure the effective realization of the purpose of data transaction,it is clear what circumstances can constitute a defect in data quality and what remedies the parties can take to safeguard their rights and interests.Based on this,a relatively complete trading rule system is constructed for data trading.Promote the development of China’s data trading market.