Property Rights Analysis And Governance Mechanism Of Data Elements

With the arrival of the fourth industrial revolution,the Digital Economy has a prominent position in the competition of comprehensive national strength of various countries.As a key element of the Digital Economy,data has great resource and strategic significance,and constitutes an important link of digital production relations.Based on the reality of the development of China’s Digital Economy and the accurate grasp of the operation law,in October 2019,the Fourth Plenary Session of the 19 th CPC Central Committee deliberated and adopted the decision of the CPC Central Committee on several major issues on adhering to and improving the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capacity,which clearly proposed for the first time that data can be distributed as production factors according to their contributions,This is revolutionary in the context of mode of production.Subsequently,in the opinions of the CPC Central Committee and the State Council on building a more perfect market-oriented allocation system and mechanism of factors issued in April 2020,it was further proposed to "study and improve the nature of property rights according to the nature of data",which actually put forward the research task of "data element property rights".At the same time,there are still many gaps in the current research on the property rights of data elements,and the perspective,content and analysis paradigm need to be supplemented and systematized.Both practical development and theoretical research focus on data elements and need to be solved urgently,which constitutes the purpose of this paper.In terms of research ideas,this paper starts from the perspective of property rights,and realizes the political and economic analysis of data elements by constructing the analysis framework of "property rights-governance".Among them,property rights analysis focuses on the property relationship,legal right relationship and the realistic direction of Digital Economy,while governance analysis further summarizes the unbalanced and insufficient problems in the development of data elements on the basis of property rights analysis,so as to form governance ideas.After completing the construction of the theoretical analysis framework,further expand the key and difficult issues involved,and form research topics such as data property rights and value,data property rights and economic growth,data property rights and credit,data property rights and data hegemony,and data factor market governance.Gradually combine theoretical analysis with practical exploration in the text,Try to expand on the basis of previous studies.The specific content of this paper is arranged as follows: the introduction of the first chapter and the concept and theoretical basis of the second chapter are mainly to pave the way for the analysis of this paper.The former mainly clarifies the significance of this study,the main entry point and writing ideas;The latter mainly defines the main concepts involved in the paper,clarifies the logical relationship between these basic concepts,and provides a basis for subsequent research and analysis.At the same time,according to the topics involved in this study,summarize and sort out the relevant theories(or tools)required.The third chapter mainly investigates the problem that data becomes property and as a factor of production.this paper firstly analyzes its basis as property rights.The basis of economics focuses on the generation of the relationship between use value and possession,while the basis of law lies in use value and human domination.Secondly,based on the basic viewpoint of Marxist historical materialism,this paper expounds the history,theory and practical logic of data becoming factors,and looks at the necessity of data factors participating in income distribution in the institutional evolution of non labor factors participating in distribution in China.At the same time,it lays the foundation for the analysis of the relationship between labor and capital in the development of legal relations and property rights.The forth chapter is the application of the general logic of property rights and governance in the development of data elements.According to the theoretical viewpoint of Marxism,property rights originates from productivity,and its essential content is production relations,and the sum of production relations constitutes the economic foundation of society,which determines the social superstructure,which reacts on the economic foundation,and data governance is precisely the reflection of the superstructure on the development of data elements.Therefore,the data property rights determines the development and change of data governance,and the development and change of data governance should meet the requirements of the development and change of data property rights system.Based on the above understanding,property rights analysis is based on three aspects,namely,the property relationship of data,the legal right relationship and the realistic direction of Digital Economy.In the governance analysis,it focuses on the representative problems of unbalanced and insufficient development of data elements,that is,the problems of data monopoly and insufficient development of data element market,so as to form the theoretical framework of this paper and provide reference for the later specific topics.The fifth chapter is the discrimination of "data value theory".This paper analyzes and points out that although it is historically inevitable for data to become an element,it has no realistic or theoretical basis for value creation.On the contrary,there is a theoretical basis for assisting in value creation or transferring old value,that is,the duality of labor.The current views of the so-called "closed loop of data value creation" and some data value chains,although crowned in the name of data value creation,actually reveal the exertion mechanism of data productivity and the synergy of data on value creation,and do not really involve the discussion of the source of axiology.Projecting to the current problem of platform data monopoly,data is not the source of surplus value created by big capital platform companies.On the contrary,it is the basis for transferring the surplus value of other enterprises,which is the interpretation of Marx’s labor value theory in the era of Digital Economy.The sixth chapter mainly focuses on the property rights of data elements and economic growth.The function of property rights constitutes the internal logic of property rights and economic growth.Data element property rights integrate economy,system and technology,reflecting the interaction between digital production relations and data productivity under the condition of Digital Economy.On the path of economic growth,it mainly provides assistance by improving total factor productivity.However,it cannot be ignored that enterprise data property rights plays an important role in economic growth,and the applicability(universality and specificity)data assets owned by enterprises are of great significance to economic growth.The seventh chapter examines the problems of data monopoly and data hegemony.This paper mainly discusses the "privatization of public rights" caused by credit data monopoly and the data hegemony of the United States.For the former question,under the interactive relationship between data property rights and data credit,and with the help of monopoly and algorithm based on credit data,some credit investigation and rating agencies have realized the "privatization of public rights" and mastered certain social power,which has brought certain risks to economic and social development.In terms of governance policies,The closed-loop governance of "Institution-Technology" provides a useful idea.For the latter problem,by revealing the internal logic of American data hegemony,it leads to the reflection on China’s development: we should form a systematic data governance strategy on the whole(physical layer,system layer,platform layer and content layer),and highlight China’s institutional advantages to deal with data hegemony.The purpose of its governance is that we can’t follow the path of western "Trickle Economics".The eighth chapter focuses on the governance of data factor market.First of all,the connotation of governance mechanism is clarified,that is,governance is a continuous process that reconciles conflicting or different interests and takes joint action,which inherently includes construction(cultivation),development and problem correction(supervision).As an important guarantee for the healthy development of the data market,the importance of market governance can not be ignored.Secondly,in terms of specific governance mechanism,this paper makes a more comprehensive analysis and judgment on the construction,development and correction of data market mainly from the cultivation mechanism,governance mechanism,supervision mechanism and data legislation of data market,and further makes it clear that in market governance,we should still pay attention to the closed-loop nature of "Institution-Technology" governance.Finally,this paper also summarizes the governance experience of data rights legislative protection and data transaction circulation at home and abroad,so as to provide reference for the healthy development of China’s data factor market in the future.The ninth chapter systematically summarizes the relevant conclusions of the paper on the analysis of data element property rights,and explains the reality,theory,necessity and importance of this research.The possible innovations of this paper are as follows:First,theoretical innovation: first,expand the "problem domain" of data property rights research,locate the research of data property rights on data elements,and strive to reveal its internal logic,and point out that the focus of data property rights research is enterprise data property rights;Second,in the research dimension,it carries out political and economic analysis of data elements from the perspective of property rights,so as to perspective the whole production relations of China’s current Digital Economy,and try to form a panoramic and systematic research.Third,the analysis framework of "property rights-governance" is applied to the analysis of data element property rights.At the same time,the research methods of economic management discipline and social science are combined to enrich and expand the existing research methods of data property rights.Second,practical innovation: as the focus of China’s future development,Digital Economy is an important starting point for practical innovation driven and new economy development.Based on clarifying the general problems of imbalance and insufficiency faced by the development of data element property rights,this paper focuses on data property rights and value,data property rights and economic growth,data property rights and data credit Data property rights and data hegemony and data market governance are the key issues to analyze the specific problems.On the basis of summarizing the relevant practical experience at home and abroad,this paper puts forward the corresponding policy propositions and development ideas,in order to provide reference for the development of China’s Digital Economy.