Researce On The Protection Of Data Proerty Rights In China

In the era of digital economy,data has shown enormous economic value.The provisions of Article 127 of the Civil Code have opened a new stage of research on data property rights in the field of private law in China.At present,there is a basic consensus in the academic community that data has property attributes and should be given legal protection,but there is still controversy over whether to protect it based on interests or rights.The limitations of the interest model make it difficult to meet the needs of data property protection under the development of the digital economy.Therefore,it is imperative to promote the construction of China’s data property rights system.In addition to the introduction and conclusion,this article is divided into four chapters:The first part,elaborates on the data and its property attributes.Starting from the concept of data,clarify the relationship between data and information,and limit the connotation of data,and reveal the natural characteristics of data;it is clarified that data has property attributes,leading to the debate between data property theory and the protection of "interests" and "rights" of data property,laying a theoretical foundation for the argument of data property rights protection.The second part,demonstrates that the Justification and feasibility of constructing data property rights.The value of data in the era of digital economy has been fully reflected,data disputes occur frequently and legislation related to data property lags behind.The current interest model of data property is difficult to provide extended protection for data.The development of property theory under social changes has provided legitimacy for data property rights.The interest of data property conforms to the standard of rights protection,data has the requirement of being the object of civil rights,and the introduction of Article 127 of the Civil Code makes the construction of data property rights feasible in theory and legislation.The third part,analyzes the difficulties in protecting data property rights and examines extraterritorial legislation.The unclear ownership of data property rights,multiple conflicts of interest,the constraints of traditional rights systems,and the contradiction between data circulation and security are the unavoidable difficulties in the construction of data property rights in China.In the comparison of foreign legislation,it was found that although the United States and the European Union have different value orientations in data legislation,pursuing a compromise between data circulation and security has become the main trend in order to comply with the development of the digital economy.The fourth part,propose ideas and relevant improvement suggestions for building a new type of property rights for data in China.The new property rights theory of date provides a legislative approach for the construction of data property rights in China,and it should be specifically regulated in the form of a separate law.But in the specific system design,different types of subjects need to be divided,and clarifying the ownership of data rights;Adhere to the principle of balancing interests and coordinate diverse interests;Introduce the theory of "bundle of rights" to improve the construction of data rights rules;Utilize the "C&M" framework to adjust rule conflicts and rights restrictions,in order to improve China’s rules for protecting data property rights and respond to the reality of the development of the civil law system in the digital age.