Research On The Legal Protection System Of Data Property Rights From The Perspective Of Administrative Supervisio

The development of the factoring and digital economy markets requires the establishment of a system for the legal protection of data property rights,in particular the improvement of the legal system for the administrative regulation of data property rights.Legal recognition and protection of data property rights will effectively protect legal property rights in the data factor market and in the digital economy.In terms of legal theory,the theory of data property rights is difficult to cover comprehensively by traditional theories of property and intellectual property rights,and therefore a new system of legal protection of data property rights must be established.As a new type of property right,administrative supervision must play a part in the system of legal protection of data property rights.In the data element market,the cost of civil litigation is relatively high,so administrative supervision is needed to resolve relevant legal disputes quickly.As the data industry has the legal characteristics of high professionalism and flexibility,administrative authorities can better cross the threshold of the data industry and achieve better legal results through administrative supervision.In addition,administrative supervision can address the characteristics of civil litigation,which has difficulty taking into account past and actual infringements,and better ensure the legal protection of the entire data property rights chain.With this in mind,the thesis takes the concept of data property rights as a starting point for clarifying the legal nature of data property rights and analysing the need for administrative regulation of these rights.The thesis combines the current situation and problems of the legal protection of data property rights from the point of view of administrative regulation,and offers legal suggestions for improving the legal protection of data property rights from the point of view of administrative regulation on the basis of comparative law research.The article is divided into five parts: the first part is the introduction,which introduces the theoretical research on the legal protection of digital property rights in China and abroad and the current situation of Chinese administrative regulation legislation;the second part introduces the legal definition and the current legal situation of the legal protection of data property rights,clarifies the legal limits of data property rights through the conceptual analysis of data property rights and the right to privacy and personal information,and analyzes the deficiencies of civil redress and the advantages of administrative regulation the third part introduces the legal problems of the legal protection system of data property rights from the perspective of administrative regulation at the current stage;the fourth part presents the different results of the different systems of administrative regulation in the EU and the United States in the field of data from the perspective of comparative law,hence the importance of administrative regulation for the protection of data property rights.The fourth part presents the different results of the different administrative regulation regimes in the field of data in the EU and the US from the perspective of comparative law,from which the legal inspiration for the construction of the legal protection system of administrative regulation of data property rights is obtained.The construction of the legal protection system of data property rights from the perspective of administrative supervision should improve the administrative supervision mode of the legal protection of data property rights,improve the legal system of data transactions,build the security protection system of data resources,and finally build a diversified legal supervision system combining the legal system of administrative supervision and the industry self-regulation system.