As the world enters the era of information network,the new digital technology represented by e-commerce,autonomous driving,artificial intelligence,big data and cloud computing has become one of the main factors leading the development of social economy.The traditional industries have an increasing demand for digital transformation,and the digital economy has become the most innovative,fastest developing and most extensive economic model.With the rapid development of digital economy,relevant legislation should also be steadily promoted.In terms of top-level design,the state has issued laws and regulations such as the National Security Law,the Network Security Law,the Personal Information Protection Law,and various industrial data regulations.In various places,due to the differences in geographical and economic development,Therefore,it is necessary for local legislatures and departments to formulate local normative legal documents conforming to local characteristics on the basis of the content of the upper Law to ensure the healthy development of the digital economy.Especially after The State Council issued the 14 th Five-Year Digital Economic Development Plan,the local legislation of digital economy of our country shows a great rising trend.Throughout the development status of digital economy legislation in foreign countries,many countries are relatively complete in the content and system of digital economy legislation,forming a relatively complete legal system from the central to the local.However,the digital economy and related legislation have started late and there are still many deficiencies in digital economy local legislation.Therefore,we should take the existing digital economy local legislation text as the starting point to study systematically,so as to perfect the digital economy local legislation system and promote the digital economy development of the region and the whole country.Based on the basic theory of digital economy local legislation,this thesis clarifies the concept,characteristics,purpose,feasibility,significance and value orientation of digital economy local legislation.Then,55 local legislative documents in the field of digital economy,such as e-commerce,big data and network communication,are analyzed empirically from the perspectives of legislative subject,time,content,region and number of texts.This thesis summarizes the problems such as the low legislative rank,the excessive thinking of "management",the lack of innovative content,unbalanced regional development,the technology of legislation and the imperfect content of local legislation of digital economy,and analyzes the causes of the insufficient legislation,and summarizes that there are three causes: First,digital economic legislation is constrained by traditional concepts;Second,the lack of local legislative experience in digital economy;Third,the theoretical foundation of digital.economy local legislation is weakTherefore,combined with the legislative theory and the existing legislative experience of digital economy,this thesis tries to put forward the improvement suggestions from the two aspects of digital economy local legislative process,technology and legislative content,among which the suggestions of procedure and technology are as follows: first,give full play to the leading role of local power organs in legislation;Second,give full play to the characteristics of local legislation "try first";The third is to give full play to the role of industry and public suggestions on legislation;Fourth,promote the balanced development of digital economy local legislation and improve the level of legislation.The legislative content of the suggestions are: first,strengthen the protection of personal data rights and interests;Second,clarify the power boundaries of key players in the digital economy;Third,build a fair market competition environment for digital economy;Fourth,improve the data opening and sharing mechanism.In order to make contributions to the development of local legislation of digital economy. |