Legal Considerations For The Empowerment Of Data Property Rights And Interests

With the development of the Internet,data has become a new factor of production,not only need to passively protect data,but also need to use the law to distribute the interests of data-related subjects under the role of the market,tap the market value of data,clarify the ownership of the interests of the subjects,empower the interests of relevant data property,break the ambiguous positioning of data and data value in law,and under the premise of protecting data security,motivate market entities to promote the circulation and transformation of data resources and increase value Make data resources a new engine for economic development.In order to better dig the value of data and promote the development of digital economy,this paper mainly adopts the methods of interdisciplinary research between law and economy,dual concerns of law and technology,and value analysis to analyze the empowerment of data property rights and interests.Firstly,this paper classifies data assets from the perspectives of data transaction subjects and transaction partners,explores the unique attributes of data property rights and interests from the perspective of comparison with traditional rights,and clarifies the theoretical basis for the empowerment of data property rights and interests according to the value orientation of efficiency and fairness.Secondly,the existing legal system cannot effectively apply to the circulation of data assets,promote the value appreciation of data,and provide necessary support for the empowerment of data property interests by negatively discussing the limitations of the existing legal system,the empowerment dilemma of data property interests,and positively discussing the feasibility of existing policies and systems and technical means.Finally,the legal rules of data property rights are constructed,and on the basis of the classification of data properties,the objects of data property rights are delineated,and the distribution principle of data ownership that prioritizes efficiency and balances fairness and efficiency-oriented security guarantees is established,the distribution rules that are compatible with the status of subjects,and the restrictions on the rights and rights of data property rights,in order to better play the role of data production factors in the context of the digital age.