Research On Legal Protection Of Data Property Rights And Interests

As a new type of production factor,data has been fully recognized by both policies and academia for its important significance in economic development.The legal property protection system for data in China is not yet perfect.Although the Data Security Law and the Personal Information Protection Law are related to the economic benefits of fully utilizing and releasing data,they cannot directly protect data property rights.The Civil Code only provides introductory provisions for the protection of data property rights and interests,and in reality lacks corresponding legal norms to support it;In judicial practice,the anti unfair competition law and trade secrets and other rules are often used to adjudicate data property disputes,but the problem of different judgments in the same case often occurs,which can not effectively protect the rights and interests of data property.Therefore,how to provide effective legal protection for data property rights has become an urgent practical problem to be solved.This article starts with the concept and characteristics of data itself,analyzes its differences from traditional production factors,and summarizes and defines the concept and significance of data property rights protection.On this basis,it describes the current situation of the legal system and implementation of data property rights in China,and finds that the existing legal norms are imperfect and the data law is uncoordinated internally.Through sorting out the current data property rights and interests protection models in China,it is found that the right model and behavior model respectively have limitations such as hindering the data market and weak protection effectiveness.At the same time,the specific protected mode in the right model and behavior model are compared and analyzed.The problem of data property protection is not unique to China.This study introduces the relevant laws and judicial practices of data property rights protection in the EU and the United States,from which we can get valuable inspiration that China’s data property rights law should be based on its own data industry,while paying attention to maintaining the existing market order,and the unreliability of the rights model.Based on the above analysis and findings,this paper concludes that the protection of data property rights and interests in China should carry out the reform of legal norms based on the behavior model,and proposes the system design of data property rights and interests protection based on the behavior model.Based on this,it puts forward feasible suggestions for improving the anti unfair competition law and the contract law,as well as improving the supporting measures of data property rights and interests.