The Boundary Of The Duty Of Care In Public Data E-commerce Operator

In recent years,with the opening and sharing of Public Data,the Public Data E-commerce Operator has emerged.The Public Data E-commerce Operator is of great value.However,the Public Data E-commerce Operator also brings the problem of data usage regulation.Currently,in the public data e-commerce services,there have been disputes cases such as the Right of reputation and the Unfair competition.In the process of judicial adjudication,the judge attaches importance to the cognizance of duty of care.In China’s current legislation,the "duty of care" of Public Data E-commerce Operator is not explicitly stipulated by law,it is different from the traditional "security obligation","safe harbor principle","red flag principle" and so on.This paper discusses the boundary of duty of care in Public Data E-commerce Operator from the perspectives of balance of interests,equality of rights and obligations,standard of capability maintenance and economics of law,in order to clarify the specific content of the duty of care of the Public Data E-commerce Operator.Based on this idea,this paper is divided into six parts: the first part is the introduction,this part mainly introduces the related background of the paper and the current situation of academic research.The second part discusses the duty of care of Public Data E-commerce Operator from the perspective of interest balance.This part mainly analyzes the legal structure of Public Data E-commerce Service and the interests of the participants,and then draws the boundary of the duty of care of Public Data E-commerce Operator.The third part discusses the duty of care of Public Data E-commerce Operator from the perspective of reciprocity of Rights and Obligations.Based on the analysis of the property rights of the Public Data E-commerce,the content of the duty of care corresponding to the right is obtained.The fourth part analyzes from the perspective of capability maintenance norm.This part first analyzes the capability maintenance norm and a "rational person" in public data e-commerce services,and then the duty of care of Public Data E-commerce Operator is divided into passive duty of care,general active duty of care and higher active duty of care.The fifth part discusses the duty of care of Public Data E-commerce Operator from the perspective of Law and Economics.The sixth part summarizes the specific content and boundary of the duty of care of Public Data E-commerce Operator.The innovation of this paper is that it fills up the blank of systematic research on the duty of care of Public Data E-commerce Operator.Analyzing the property rights of Public Data E-commerce Operator from the different stages of data processing is an innovation.The property rights and interests of value-added data can not be generalized,and the value-added data of Public Data E-commerce Operator is classified according to its originality.This paper discusses the duty of care of Public Data E-commerce Operator through the approach of law and economics,which is also one of the innovation points of this paper.