Research On Legal Regulations Of Data Transaction

As a mining stone in the 21 st century,the value of data is increasing day by day.A strong data transaction industry chain has been formed,and annual revenue can exceed 10 billion yuan.However,in practice,due to the lack of effective legal regulations,"black market" transactions are increasingly rampant,and some compliance data trading platforms have also moved to the edge of the law.The risk of data transactions is increasing,and the direct consequence are the serious threats in security of personal information and trading disputes continue to arise.In order to regulate the data transaction market,this paper intends to conduct research on the legal regulations of data transactions,and propose new ideas for the construction and improvement of China’s data transaction legal regulations.The first chapter analyzes the legal risks of data transactions.Firstly,the basic categories of data transactions are defined,including the meaning of data,the process of transactions,and an overview of trading platforms.Then it analyzes the particularity of data transaction activities,including the dual attributes of data,the complexity of data rights,and the complexity of data transaction processes and legal relationships.Finally,it discusses various risks in the life cycle of data transactions.The second chapter is the research on the current status of legal regulations on data transactions.First of all,sort out the current status of China’s current legal regulations in the field of data transactions,including legal norms and supervision,and summarize the practice of China’s legal regulations on data transactions in the legislative and administrative levels.Then it analyzes the judicial decision of data transaction cases,and summarizes some problems existing in the current legal regulation of data transactions in China,administration and justice.Finally,it is concluded that the current data transaction laws and regulations have problems such as insufficient personal information protection,lack of data transaction rules,and inadequate supervision.The third chapter is a comparative study of the legal regulations on foreign data transactions.By analyzing the US and European Union’s choices on the legal regulation of data transactions,the merits of the industrial regulation and the comprehensive regulation are discussed separately.Then,in light of China ’s current basic national conditions,explore whether the two major regulatory models can meet the reference needs of China ’s current data transaction laws.The fourth chapter is to put forward some ideas for the construction and improvement of China’s data transaction legal regulations,including the choice of regulatory path,the determination of regulatory content and the three major parts of regulatory innovation.The choice of regulatory path is based on the thinking and combination of the foreign model.The determination of regulatory content is based on the interests of personal and property rights conflicts.In terms of regulatory innovation,the main content is to emphasize the common choice of multiple regulatory functions such as administration,industry,and platform based on the original supervision.