Research On The Regulation Of Data Transaction In Civil Law

In the context of the information age,data technology has made it more convenient for people to obtain information.In the course of the information transmission and exchange,data inevitably transmits and exchanges.However,the resulting data are neither intangible nor independent and specific,nor of independent economic value,nor are they objective objects for the recognition of civil rights.Nevertheless,the transmission of data depends on the content of the data.With the increasing popularity of social network,cloud computing technology,Big Data Technology,mobile broadband and various mobile sensor devices are more and more widely used,resulting in a large amount of network data information.From the perspective of development trend,the next decade is an information technology era led by Big Data Technology,with the increasing number of data trading platform,data trading is also steadily growing day by day.Since the trend of digital economy globalization is unstoppable,the development of data industry under the rule of law is imminent.As a new type of transaction in the Internet era,data transaction is the core driving force for the development of data industry.In such a case that the relevant laws and regulations are imperfect,the data trading market of our country presents the general trend of practice-first exploration and local legislation-first.As a kind of transaction,data transaction is in essence a transaction regulated by civil law.The author puts forward that the data transaction,which is closely related to the daily life of human beings,should be regarded as a new type of paid transaction,and it is necessary to regulate its transaction on the basis of contract law.But it is difficult to regulate with the existing civil law because of its special property.In order to fully tap the potential value of data,protect the legitimate rights and interests of all parties in data transaction,and promote the orderly development of data transaction,it is urgent to analyze data transaction and regulate its various links in civil law.The author compares the data transaction with the traditional transaction regulated by civil law,finds the difference and connection between the data transaction and the traditional transaction,and further analyzes the civil legal relationship of the data transaction,it is of great significance for the development of digital economy to explore the causes of the predicament of civil law regulating data transaction and give the corresponding countermeasures.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the basic theory of data trading.It starts with the concept of data,characteristics and classification,following the description of the transferability of data and differences from the traditional elements of commodities.The entire statements are based on the overall discussion.This paper summarizes the types of data transaction model centered on data transaction platform,and the characteristics of data transaction.The second part is the analysis of the civil legal relationship of data transaction.In this part,the main body of the data transaction is located in the for-profit legal persons or non-legal organizations and natural persons.As for the government,it is the supervisor of data transaction,but not the main body of data transaction.In the content discussion of data transaction,the author regards data transaction as a whole,combined with the classification of data transaction mode,this paper mainly analyzes the rights and obligations of the subjects and subjects in the legal act of data transaction.However,in this paper,the object is not the focus of analysis,so only a “Pay” type of data transaction object and “Provide services” type of transaction object are simply classified.The third part is the analysis of the current situation of data transaction in our country and the predicament of civil law regulation in related fields.Firstly,it points out that the development contradiction of our country data transaction at present is the mismatch between the rapid development of the transaction market and the lack of civil regulation of data transaction.And on the basis of the development of the current situation,the paper summarizes the predicament of the regulation of our country civil law in the field of data transaction.The fourth part is the study and analysis of the legal regulation of data transaction.According to the above-mentioned problems about our country data transaction domain civil law regulation predicament,the author evaluates the related laws in foreign countries and areas,which starts from the United States,the European Union and Japan respectively,according to each national team data transaction different legal regulation,the author carries on the summary analysis,which can provide reference for the regulation of data transaction civil law in our country.The fifth part,is in view of our country data transaction domain civil law regulation predicament proposes the suggestion.Put forward a specific solution to match with the above problems,first of all,put forward the principles of civil law regulation of data trading provisions.Then give the solution to the unified data trading rules.Then it elaborates the ownership of personal data and enterprise data in data transaction,and makes the responsibility of each subject clearer.It mainly includes two aspects,one is the determination of the liability for breach of contract,the contract signed by the data exchange,the reference to the “Civil Code” Contract Book of the famous contract and anonymous contract for specific corresponding analysis.The other is,the identification of tort liability in data transaction.Finally,it proposes to improve the protection of privacy rights in data trading,to improve the level of professional technology,and to train professional personnel.