Research On Data Transaction System

Digitalization is one of the pioneering trends of the 21st century,and it fundamentally reshapes our economy and society.Data also became a national basic and strategic resources in the digital economy era.The construction of the data circulation transaction system is essential for Chian to grasp the potential opportunities in the era of digital society.Chian attaches great importance to the development of the digital economy and cultivates the data market.Both the central and local governments have made innovative exploration on the data transaction system.However,the existing legal provisions are mostly concentrated in the macro field,and are more declarative provisions.The definition of data ownership is not clear,and the data transaction rules are unclear and difficult to be implemented.These problems lead to many difficulties in the transaction of data circulation in practice.In this context,the study of data transaction system is extremely urgent and important.Through normative analysis,comparative research and literature research,this paper analyzes a large number of domestic and foreign theoretical research and legal policies,combined with China’s data transaction practice,it studies the legal nature of data transaction and data transaction system.It is found that there are some problems in China,such as unclear ownership of data,unclear boundary of rights,lack of unique protection principles of data transaction,lack of data pricing mechanism,lack of specific transaction rules,lack of safety supervision rules and immature safety compliance path of data cross-border transaction.In this regard,this paper puts forward six suggestions,including : in terms of data ownership,we should break through the traditional unitary ownership structure,consider different subjects,and build a multiple data property right system including data control rights,data use rights,data reasonable use rights and other related rights.Special principles such as separation of legitimacy and equal direct effect are added to the particularity of data transactions.The data is disassembled according to the life cycle,the data cost is calculated in stages,the data source and quality are comprehensively considered to develop a data asset value evaluation model to provide a price basis for data transactions.Set more specific data trading rules for different data types,and adopts cost-compensatory differentiated pricing transactions for public data;encourage enterprise data to enter the transaction market,and balance the unequal bargaining power of transaction subjects by introducing judicial control and formulating standard contracts to ensure transaction fairness;explore personal data trusteeship mechanisms to promote personal data transactions.With the help of engineering technologies such as ’ data security island ’,the chief data officer system is implemented,and data standards and security specifications for various industries are formulated to ensure the security of data transactions.Through practice and experience summary,a more mature data cross-border transaction compliance path is explored.