Research On Civil Law Regulation Of Data Property Rights

With the advent of the electronic age,big data has been closely related to people's lives.Whether it is ID number,telephone number,shopping,travel,micro-blog reviews,or medical,education,lending,we can see the footprints of big data.What is big data? What is data? Data is a combination of text,number,picture and other information,while big data represents the mass of data.The characteristics of big data are replicable,operational and invisible,which make people's life go deep into the participation of big data unconsciously.A single data combination may not have much economic value,but the combination of massive data will bring great economic benefits.The economic benefits should belong to the rights of the owner of personal information or the right of the information collectors to collect,sort out and analyze the labor results.After this problem is brought out,data property right is a dispute of property rights between equal natural persons,so it can not be separated from the regulation of civil law.There are no uniform regulations or laws on data property right in China.However,the privacy law 1974 of the United States,the personal data protection law 1998 of the United Kingdom and the personal privacy law of Canada provide excellent legal reference resources for China.The first chapter discusses the definition of data property rights and its theoretical disputes.In the first section,it discusses the definition of data and data property rights,the relationship between personal information and trade secrets,a correct understanding of data and data property rights,and a brief overview of the characteristics of data.To understand the difference between data and ordinary property rights and interests,ordinary property rights can not be applied to regulate,so special data property rights are needed to regulate.The second section is followed by the theoretical controversy of data property rights.Mainly on the data property rights disputes,subject disputes,object disputes and content disputes.From the main theories are introduced: from the theory of intellectual property rights,property rights to personality rights,and finally to the new property rights.Each theory has its own reason and basis,which is the different attribute positioning of data ownership.Finally,it expounds the different disputes among subject,object and content.The second chapter discusses the current situation of civil law regulation of data property rights.This chapter puts forward problems and analyzes the regulation of data property rights from the perspective of problems.At present,there are still great deficiencies.Through the empirical analysis of 20 data cases collected by the judicial document network,this paper analyzes the identification of data,the infringement behavior and the determination of responsibility,and sums up two difficulties in the application of data property rights from practice: the theoretical application and the legal application The disunity of application forms the main difficulty of data property regulation.The third chapter discusses the extraterritorial investigation of data property rights and Its Enlightenment to China's data property rights.The overseas analysis of data property rights is relatively perfect,from which we can draw experience.It is not only relatively perfect in theory,but also worth learning from the data processing in practice.This paper mainly analyzes the data cognition,processing and regulation of the loose mode of the United States,the strict mode of the EU and the compromise mode of Japan.Through the analysis of foreign data,we can get the Enlightenment of data research in China.From the purpose of making laws to the provisions of legal content,we should adapt to China's national conditions and economic development.Although there is no fear of foreign invasion,domestic enterprises and organizations also need data property rights to regulate.The fourth chapter discusses the specific ideas of the civil law regulation path of data property rights.There are three regulatory paths: the integration of the existing code regulation,the agreement of Adjudication Rules and the prospect of the draft legislation of personal information law.First,under the civil code,the regulation path of civil law mainly includes tort liability,property right,contract and general provisions of civil law.Second,through the case analysis of the theory and the application of the law on the deficiencies,put forward the corresponding suggestions and improvement countermeasures,including unified practice standards and clear application of the law.Third,although there are no relevant provisions on data property rights,the draft of personal information law and the provisions of network security law on data and network platform play a guiding role in data transaction.This is also determined by the nature of data property itself,and its timeliness and replicability lead to the multiplicity and selectivity of regulation path.