Research On Legal Issues Of Data Trading Market

As a factor of production in the digital economy era,data highlights strategic value in national competitiveness,and the importance of research on legal issues in data trading market is self-evident.There are a large number of data transactions in China ’s practice,but there are still no specific provisions in the top-level legislation.Although the legal gap does not affect the effectiveness of data transactions,there are still many problems to be clarified in order to keep pace with the development of the digital economy.The object of data transaction is special.The development trend of digital economy requires data sharing,which is contrary to the direct domination and exclusion of traditional ownership requirements.The proliferation of data resources and the consumption of mineral resources are different.The sharing of data products is also contrary to the exclusiveness of intellectual property rights,and the existing rules are difficult to meet the needs of the data trading market.Based on the characteristics of data itself,starting from the maintenance of data sovereignty,taking into account data sharing and multi-interest balance,taking into account transaction efficiency and data security,so as to ensure the realization of data circulation and utilization goals.In order to build a unified data trading market,it is necessary to focus on legal issues.It is proposed to set up a national data trading authority and combine the principle of proportionality to build a unified data trading platform.The platform is unique as a trading place to promote the formation of a unified data trading market;the platform implements a centralized management and decentralized operation mode,and implements the whole process monitoring and management of data transactions.If rights are infringed due to non-desensitization of data products,the platform and the data product supplier shall bear joint and several liability with reference to product liability;this paper clarifies the object of data transaction,based on the maintenance of data sovereignty and the public welfare attribute of data,considers the capital provided by the data production subject or the attached labor to highlight the private interest attribute,and puts forward the dual property system structure of ’state ownership of data resources ’ and ’ data production subject ownership of data products ’,so that the right allocation of data resources in China is centered on the right of data products and follows the logical approach of law,endows the data production subject with the ownership of data products,meets the clear standard of ownership required by the transaction object,and provides the basis for building a unified data transaction market.Clarify the subject of data transaction,adhere to the consistency of the subject type with the civil subject,set the subject access standard,and standardize the order of data transaction;according to the different types of data products,the data pricing mechanism is constructed.