| In the era of digital economy,finance and data are highly integrated.Financial data relates to the protection of personal information rights and also closely relates to financial security.Data sharing between financial service institutions and regulatory agencies not only establishes a correlation path for macro-economic and micro-behaviors,but also helps to prevent financial crimes,systematic legal risks and other issues.In the era of financial globalization,how to balance the multiple legal values in the process of financial data cooperation and sharing based on the actual needs of domestic and international financial data integration and interaction.This is an important legal issue that needs to be solved urgently by the international law system and the arrangement of rule of law.On the basis of studying the practice of financial data cooperation and sharing,this paper classifies the practice of financial data cooperation and sharing into two types of models,and analyzes their specific operations,internal logic and governance schemes.So as to construct a relatively complete theoretical framework for explaining the international financial data cooperation and sharing model.The first chapter studies the real legal dilemma of financial data cooperation and sharing regulation,and based on the real practice of financial data application.This paper constructs two major paths in a classified way.First,clarify the generation and legal basis of the financial data cooperation and sharing regulation;second,sort out the current legal dilemmas of the cooperation and sharing regulation;finally,study the main legal relationships of the two major models,the internal logical correlation and main elements of legal governance.The second chapter discusses the "private to public" model of financial data cooperation and sharing,taking the EU’s mature legal system as an example,and studying the operating mechanism of the sharing model with the reference method of comparative law.So the chapter put forward the important legal methods to improving the governance rules of the model.The third chapter discusses the system of data sharing mode between countries.First,this chapter it combines the relevant legal system of the United States,and analyzes this country’s legal provisions of data expansionism.This chapter also analyzes the legal practice of the United States with private subjects as the institutional carrier.Finally,this chapter summarizes the core of the legal governance of this model.The fourth chapter focuses on the operation mechanism of the two major models,from the governance principles and the path of specific system construction.This chapter also discusses the governance concepts and legal regulations that our country needs to deal with different sharing models.The author believes that China should adopt a pluralistic co-governance regulatory approach.Starting from the legal subject to improve the corresponding legal system,we should treat the concept of sovereignty correctly,and push my country’s governance theory and system to the world,and use our country’s system standards to influence the path choice of international law.In the concluding part,the author believes that the current international law governance is lacking,but financial data interaction has become a realistic demand.It is helpful to construct two financial data cooperation sharing modes,and to study the two major modes of regulation and governance elements will help China to solve the related problems by laws. |
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