The Theory Of Data Rights Targeted At Trade In Factors Of Production

Data has became a factor of production nowadays.The demand for data rights in the new Internet ecology arises at the historic moment.Data protection and interest balance have become a new key issue in the era of digital economy.The economic,political and social operation mode with data rights as the core has gradually become an innovative practice for the integration of emerging technology industries.However,the data risk of privacy and security,the data circulation and governance dilemma of governments,enterprises and other organizations,the absence of data rights,and the adaptability problem of legal rules still restrict the data flow as the factor.In this regard,the existing research has made many theoretical achievements on the object category,legal positioning and interest balance mechanism of data rights,but there are still the lack of perspective to reconstruct the data rights theory,limited by the doctrinal analysis of traditional civil rights,and the fragmentation of the discourse system of data rights.In order to solve the above problems,this study will take data rights theory as the main line of research,take modern rights theory and data governance practice as dual perspectives,and build a research framework of "knowledge graph-theoretical kernel-scene tension-program specification-entity specification" of data rights.In the first chapter of this paper,in order to get out of the research dilemma of discursion and unclear concept in the field of data rights,the knowledge map of data rights is drawn.This paper systematically sorts out the knowledge context of data rights research,makes clear the differences and connections between key concepts from the perspective of discourse evolution,inheritance and association of academic literature,and further clarifies the discourse structure and research trend of data rights.The second chapter examines data rights from the perspective of legal theory and reconstructs the theoretical system of data rights.Try to get rid of the closed structure of private rights in the field of civil law,taking the practice of data governance practices as an external perspective,a positive response to the right orientation of modern legal philosophy,analysis the will of rights theory,interest theory,relations theory applies to the advantages and disadvantages of data rights,discusses data rights legal nature,legal position,open the properties.The third chapter of this paper takes the theoretical kernel of data rights as the perspective to observe the tension of data rights in the scene,in which the public data scene is taken as the starting point.Firstly,based on the theoretical characteristics of openness and relationship of data rights,the importance of scene research to data rights is clarified.Secondly,it discusses the typicality of public data scene,and analyzes the tension between public data and personal data and market non-public data.Thirdly,it observes the strategic value and circulation trend of public data with the theory of data rights,and makes clear the legislative inclination of data "development orientation" under the scenario of public data.This chapter will focus on the visualization of data rights theory,summarize the basic patterns of data scene activities and the key pain points faced,and lay a good foundation for the subsequent procedural theory and entity specification of data rights theory.The fourth chapter of this paper puts forward that the "development-oriented" number rights legislation will inevitably face the dynamic and uncertain rights,so it appeals to the procedural theory of data rights to resolve the value conflict and open up the channel of information communication.According to the current data governance practice and the convergence point with the law,the theory of data rights program is divided into five elements: the will element of the subject through the management and business reengineering of the data subject,the data rights subject can make the data rights related decision or change the data rights behavior rationally and neutral;The object elements can make the data objects with fuzzy boundary and uncertain category relatively referable through data classification.The risk element enables the right to accommodate the risk through the impact assessment mechanism;The value of data rights can be expressed through the evaluation of data assets,which constitutes the key link of the level circulation of data elements.Through technical standards,which are specialized,scenario-oriented and interest-oriented "soft law" mechanism,the elements of data rights program can have the function of restricting and guiding the circulation and utilization of data,and become the standard effectiveness basis of the data rights identification mechanism.Based on the aforementioned procedural framework of data rights,the fifth chapter configures the entity rights of public data authorization operation,transaction and obligation opening.First,authorized operation is open to the social public data orderly important early stage,to the technology platform building form data from field circulation environment,public power subject to take "a scene for" "a demand for a review" of "the examination and approval of a model of a" "a scene a license" monitor data utilization behavior by the authorized body,maintain the public property of public data,So public data should consult the public system of natural resources,taking "the whole people,the state" mode of rights,citizens shall enjoy the ownership of public data,but requires the public power authority agency development and mining of public data,at the same time by the authorized to operate the main body through the development and utilization of public data acquisition shall not transfer data usufructuary right,It enables them to obtain benefits from the process of exploiting and utilizing public data,thereby stimulating the social service value of public data.Secondly,with the gradual expansion of the marketization scale of public data,the market-oriented "peer-to-peer" trading of public data is gradually explored in the mode of data exchange on the basis of authorized operation,so as to further explore the potential value of public data,and the trading subjects can enjoy the transferable usuits of desensitized data.In addition,if the technology platform found that certain types of data are frequently application development,and has important value of public service and market potential,the data in order to avoid duplication of resources waste,can be made by public power body open to its obligation to the high quality of the data,and can enjoy copyright for compiling form database.