Research On Data Confirmation In Big Data Trading

Data,known as the "oil and diamond mines of the 21 st century",is without a doubt the most important resource in the digital economy.The 14 th Five-Year Plan clearly points out that it is necessary to establish and improve market rules for data elements,activate the potential of data elements,and welcome the digital era.When data value is fully released,big data trading industry arises at the historic moment,the data is made by big data important cornerstone of the orderly development of trade,but because of the complexity of the legal relationship of data and the limitations of the present law applicable in the field of data made by,data made by promoting the construction of data elements market is still the important problem to be solved.This paper is divided into six parts,the first part is the introduction,mainly introduces the background of this paper,research significance;The second part analyzes the nature of data rights in big data transactions.By sorting out the process of big data transactions and evaluating the existing theories of data rights,this paper proposes that data rights in big data transactions are a compound right including data personality rights and data property rights.The third part is about the present situation of big data in a data transaction made by comparison study,through the experience data in Europe and America right system,it is concluded that the data approval should be pay attention to balance data protection and data flow of enlightenment,combined with our existing law on the application of the data made by limitations,this paper holds that our country should be under the guidance of the concept of balance data flow and protection,Effective system design for data rights in big data transactions;The fourth part discusses the dilemma of data right confirmation in China’s big data transactions,including the complexity and diversity of data subjects,fuzzy boundary of data objects,unclear content of data rights and insufficient understanding of the necessity of data right confirmation.The fifth part analyzes the legal basis of data right confirmation,and tries to construct the data right confirmation system in China’s big data transaction from the aspects of confirming the data subject,defining the data object,and designing the content of data right.The sixth part is the conclusion,the author believes that to big data transaction data in the right building should begin from the data transaction data in the main body as the breakthrough point,on the subjects of data source,data collection,data having been subject to confirm different right content,among them,the data source in the body of the natural person to native data of personal data have personality right,The subject of data collection enjoys data property rights restricted by prior rights to the original data.When the original data is desensitized,derived data with property attributes is formed.The subject of derived data enjoys complete data property rights to the derived data,and can realize the transfer of data property rights again through transaction.