Research On The Model Of Data Property Governance

Article 127 of the "Civil Code" stipulates that data is protected by law,but its legal concept and legal attributes are still controversial,hindering further in-depth research.Academic discussions and policy documents refer to "numbers","data","property","assets" and "elements" in permutations and combinations,but data belongs to legal concepts,and each legal concept must have its unique normative functions,which should be determined by its Rather than defining its meaning purely in terms of everyday experience or technical rules,it starts from the normative function.Data is different from traditional objects of real rights.Its economic value mainly comes from circulation and sharing rather than exclusive possession,but it does not change the fact that data is a new type of property with disposable,exclusive and scarce properties.Our country’s law has not made a clear response to the nature of data rights.Although terms such as "data property rights" and "data ownership" appear in some policy documents,legal justification outside the policy is still necessary.There are many views on the nature of data rights,typical representatives include the theory of property rights,the theory of personality rights,the theory of dual nature of property rights and personality rights,and the theory of national sovereignty.Under the basic pattern of "personality right-property right" opposition,my country’s data governance system should follow the property governance model and pay attention to its systematic construction.The "Data Security Law" and the "Personal Information Protection Law" did not directly answer the question of data rights confirmation.The "Opinions on Building a Data Basic System to Better Play the Role of Data Elements" also did not specify whether data rights belong to real rights,creditor’s rights,intellectual property rights,competitive interests,or a comprehensive expression of the aforementioned interests,leaving a wide range for the selection of specific systems for data property rights.space.Data property rights are neither claims nor intellectual property rights,but closer to property rights.On the basis of sorting out my country’s existing data governance norms,it is an ideal design plan to construct data property rights rules in comparison with traditional property rights rules.Since the different interest demands of multiple subjects may coexist on the same data,the current popular pragmatic research paradigm often tries to build an open and dynamic right boundary,and the dynamic balance type of right confirmation thinking has the disadvantages of expected deviation and stability misunderstanding.The construction of the right normative system urgently needs to be guided by the theory of system functionalism,and return from the pragmatic thinking of right confirmation based on individual case measurement to the formalistic thinking of cross-scenario unity.The right subjects of data property rights are divided into two types: data sources and data processors,and the right objects of data property rights are divided into two types: original data and derived data.The right content of data property rights is manifested in the rights subject’s possession,use,income,disposal and other powers of data.