| High-tech technologies,such as big data,artificial intelligence and blockchain,are developing day by day and complement each other.The information value attribute of big data makes it play an irreplaceable role in boosting the development process of artificial intelligence,block chain and other high-tech technologies as an input factor of production,and its unique connotation and value cannot be ignored.However,there is always a blind spot in the system for big data production and trading.The stakeholders of big data resources are diverse and the interests of all parties are cross-restricted.The high transaction costs inhibit the efficient allocation of big data resources,resulting in the failure to give full play to the intrinsic value of big data and gradually forming the dilemma of "the tragedy of anti-commons".Market and system are two ways to guide resource allocation.When the market is difficult to overcome its failure,property right system is a beneficial path to effectively reduce the transaction costs of resources,so it is of great significance to explore the necessity and construction principles of its application in regulating big data.Existing research results are still controversial about which specific laws and regulations should be adopted to regulate big data.In addition,researches on the property rights system of big data mostly focus on the exploration of the status quo and significance of institutional supply,with relatively single analysis methods and research perspectives.This paper advocates the construction of property rights system to regulate big data,using the research methods of law and economics and taking economic benefits as the measuring standard to demonstrate the necessity of building a property rights system for big data,investigate the regulation efficiency of current laws and regulations on big data,and explore the principles and countermeasures for the construction of an efficient property rights system for big data.This paper first defines the concept of big data and big data property rights,as well as the research object and scope of this paper,and takes Marxist theory of property right and Coase theory of property right as well as "the tragedy of anti-commons" theory as the theoretical basis.Related theories guide the research on the property right system of big data should be based on the development level of contemporary science and technology and the development status of socialist market economy,so as to reduce the transaction costs and promote the efficient allocation of big data resources.Then it is divided into three parts to carry out the law and economic study on the construction of property right system of big data.The first part explores the theoretical logic of the property right system to solve the dilemma of "the tragedy of anti-commons" of big data,and makes an economic analysis of the necessity of constructing the property right system of big data.Cost-benefit analysis is used to demonstrate the positive role of big data property right system in reconciling the contradictions between social incentives and private incentives.Through the framework of supply and demand equilibrium and game equilibrium,this paper analyzes the current situation of insufficient supply of big data laws and big data resources.The three-party game model between government and enterprises and the game model of production activities among enterprises are constructed to demonstrate that the supply of property rights system helps to optimize the big data market equilibrium and improve economic benefits.Through empirical analysis,the positive promoting effect of the supply of property rights system on the efficient allocation of big data resources is verified.The second part examines the regulatory efficiency of the existing laws related to the property rights of big data.The deficiencies of Copyright Law and Anti-Unfair Competition Law in the process of regulating big data are investigated respectively from the aspects of the content and value incentive of laws and regulations,so as to provide guidance for the construction of property rights system to make up for the deficiencies of existing laws and regulations.The third part explores the principles and countermeasures of building an efficient big data property right system from four aspects: initial definition of big data property right,transaction allocation,infringement cost and market competition incentive.From the perspective of law and economics,this paper puts forward some suggestions,such as assigning the initial property right of big data to big data producers,paying attention to the rights and obligations of big data ownership,use right and disposal right,increasing the illegal cost of big data market activities and promoting the competition of big data market.Modern society has entered the "The Age of DT".Digital information technology development changes with each passing day.The big data as a representative of the economic development of digital products,information value attribute makes it naturally shoulder the dual responsibilities of reducing market information asymmetry and production factors.The importance of promoting the efficient allocation of big data resources and the development of big data technology is self-evident.At present,the supply of big data institutions lags behind the actual demand,and the value of big data resources has not been fully played and released.Therefore,the property rights system of big data should be constructed and improved as soon as possible to promote the transformation of China from "Data Big" to "Data Power". |
