With the development of artificial intelligence，The following characteristics we face today: First of all，The sensor is omnipresent，Especially the popularity of QR code mobile payment and face clearance，Almost every corner of today's life world is converted into a digital expression form，Big data accumulated as a variety of forms。Next，Big data can generate economic value，Even becoming the driving force of the enterprise and society。again，The essence of data is information，The characteristics of the information are liquidity。So the definition of the data subject、The protection of data rights is more difficult，In particular, it is difficult to define and protect in some absolute way。Last，The impact of data space based on the intelligent Internet of Things not only changes the structure and function of the property rights as the cornerstone of order，and changed the standard form itself。Since the mid -1990s，Many experts have pointed out that code replaces the law、Code is the trend of legal。Originally, the rights that have clearly stipulated in the law，The setting of technical specifications and code may cause these rights to not exercise，or the way and content of the exercise must be changed。Therefore，The law should also be regulated code，This forms a pattern of double -line law and code，Caused a diversified specification。

From the above social characteristics, we can find the change of legal system、Some important opportunities for rights innovation。For example，Basic contradictions of social transparency and algorithm black box，It means that it is necessary to strengthen the protection of personal data security and privacy from the institutional level，Prevent monitoring excessive，and should understand the collection of personal information from the height of citizens' basic rights、Analysis and application; at the same time，To emphasize the open and transparent of the algorithm、understandable、understandable，Let individuals enjoy the right to resist algorithm discrimination，Bet365 app download and ensure that the accountability mechanism that is vital to modern rule of law is disintegrated by artificial intelligence auxiliary decisions。For example, the economic value of data，It means the clarity of the relationship between data ownership、The rationality and fairness of the distribution of interests should be put on the agenda，Consider the appropriate institutional design plan and rights identification procedure，It is also necessary to reach an appropriate balance between the development of the digital economy and the protection of personal rights，and the commercial use of data to draw a clear ethical bottom line。Another，The cornerstone of the civil and commercial legal system shifts from items to service，Of course, the view of rights also shifted from the perspective of the owner to the consumer's perspective，Can the concept of consumer sovereignty be established、Whether it can make service evaluations produce a standardized effect, it becomes an important legal subject。

According to the Trimps Network Security Law Research Center "Global Data Transaction Practice、Research on the Status Status and Policies and Laws of the Industry "(2021) review，Since the notice of the State Council issued a notice on promoting the outline of big data development in 2015，Guide the cultivation of big data trading markets、The activity of developing data trading experiments on application -oriented data is launched in various places，More than ten data trading platforms have been established，It can be roughly divided into three types: government -led big data exchanges (such as Guiyang Big Data Exchange)、Data transaction intermediary platform (such as Zhongguancun Big Data Industry Alliance) and commercial data brokerage agencies (such as data hall)。April 9, 2020，"Central Committee of the Communist Party of China、Opinions of the State Council on the establishment of a more complete factor market -based configuration system and mechanism "officially promulgated，Turn on the data with the four other production factors for the first time，Clarified the goal of accelerating the cultivation of the data element market，and propose to clarify the corresponding property relationship relationship according to the characteristics of the data、Establishing and improving important bet365 live casino games issues of data property transactions and industry self -discipline，"Civil Code" personality editor and "Data Security Law" (passed on June 10, 2021)、"Personal Information Protection Law" (passed on August 20, 2021) provides a good legal basis for the further healthy development of the data market。It is in this context，The academic and society began to pay attention to the realistic problems of the data trading market，Structure and function of research data trust system。

Well knows，EU always from the Constitution、Understand data governance from the perspective of basic human rights protection。but，Universal data regulations (GDPR) of this nature and corresponding judicial judgments cannot be enforced in the dispute between private subjects，And it will also strictly prohibit personal data transaction，Therefore, it is not possible to fully adapt to the actual needs of the development of the digital economy。So，In recent years, it has also appeared in the European Union to modify the legal framework and political trends。In judicial practice，Some cases have begun to start the consumer protection law、The relevant provisions of the competition method and the group's lawsuit method is applicable to big data processes，To enhance personal and strong online companies to play a game of negotiating position。In administrative practice，Governments of various countries have also begun to strengthen the supervision and algorithm audit of the data industry，and emphasize the meaning of big data ethics。related to this new trend，The legal community of European countries began to discuss issues of creating data property rights，To fully realize the commercial value of the data and strengthen the bargaining ability of personal data subject。In short，EU has begun to adjust the excessive constitutional direction，It is exploring a comprehensive governance plan for big data characteristics，Multi -layer diversity and integration of personal information security and privacy protection。

So far，China's reality forms a clear comparison with the EU，Not focusing on the Constitution，It mainly strengthens the privacy from the perspective of civil law and administrative measures、Comprehensive protection of information security and personality benefits。Therefore，Chinese bet365 live casino games legal norms about data and privacy are only in citizen individuals、Collective and compulsory execution，Rarely for the government。Domingo once said，"Control the data，Control the ownership of the model controlled by the algorithm，This is the content of the 21st Century War "，Has implied the political significance of data property rights。related to this new war，China's big data and artificial intelligence industry repeatedly questioned and sanctioned by European and American countries in the process of investing in and engaged in international trade，The main reason is that the basic rights protection of data security and algorithm ethics is insufficient。Therefore，Improve the physical specifications of data property rights，Then upgrade personal information security and privacy protection to the height of basic rights，Is a very important and urgent legislative topic。What is gratifying is，The "Personal Information Protection Law" just passed on August 20 this year has begun to emphasize the constitutional basis，Emphasized data ethics and algorithm just for excessive collection of personal information and "big data killing" phenomenon、The regulations that can be carried by personal information can be added to enhance personal data punishment rights，This has formed an opportunity for the substantial reform of the legal system。Grasp the basic rights from the perspective of the digital economy，It should also pay special attention to the reasonable expectation of fair allocation of data benefits，The key to this empowerment is precisely a mechanism that forms an appropriate processing mechanism for the relationship between human rights with different attributes，Adjustment of human rights mutual，Of course, it is bound to involve the coordination between personal data rights and public interests and the orientation of the overall well -being of human beings。

In order to coordinate the constitutional perspective of data governance and the perspective of civil law，It is necessary to propose the legislative principle of "data fair use" more clearly，Protection of the basic right of personal rights、Digital economy development and data profit sharing reached appropriate balance。This claim is not the author's new difference，In fact, the EU's latest institutional design drawings- "Data Bet365 lotto review Governance Regulations (Draft)" (November 25, 2020)、"Digital Market Law (Draft)" and "Digital Service Law (Draft)" (December 15, 2020) have already made a coordinated meaning。Another，The "Digital Social Legal Reform Act" proposed on May 19, 2021，It also emphasizes it while protecting privacy and data security，You should also keep the opportunity to develop the digital economy。This can be seen，Here China can do it with East Asian countries such as the European Union and Japan、Dredit each other; and the appropriate system connection point between the two is the experiment of various data trust solutions and information banks。It can even say，Drawing on third -party functions、Promote the third re -assignment、Forming an olive society、The sense of implementing the implementation of common riches such as common prosperity，Data Trust、Information Bank also constitutes a very clever grabbing point that China's high -quality development of the digital economy to drive the system。

China's discussion on data asset trusts，Especially the related research project planning plan of Shanghai Artificial Intelligence Lab，Based on the theory of inheriting and developing traditional element distribution theory，Technical features combined with data，Put forward the idea of ​​data distribution and transaction，Contributions to "Powering data elements with market evaluation、Mechanism of Decision Decisions "provides legitimacy support。Now，Data that is dedicated to constructing data property rights or data ownership Theory can be summarized as a paradigm for data governance。But people gradually discovered that this "empowerment -rights protection" model cannot effectively solve the value conflict of realizing personal information protection in the process of developing data transactions，And there is still controversy between property rights and ownership。At the same time，This kind of right guarantee system based on traditional rule of law logic cannot effectively cope and solve the uncertainty and risks in data transactions under the dual perspective of solidified "Civil Society -Political State" dual perspective。And a reasonable solution should respond to the risk in data transactions with effective establishment of a social trust mechanism，Bet365 lotto review Effectively solve various disorderly problems that appear in data transactions，Then the protection of personal privacy and information security is achieved on the premise of promoting the growth of data income。The new data governance paradigm that follows this idea belongs to the paradigm of the trust law。In the data trust legal relationship，Data subjects trust in data controller as the trustee and the latter's strict faithful responsibility for the former，The trust of personal privacy protection in the data circulation will be effectively established，Good balance between safety and development of the value of safety and development。

In the realistic contradictions of artificial intelligence technology promoting data sharing and value release and current data protection system，China proposed a new plan for data transactions and data trust system driven by artificial intelligence。Focus on the domain scene with typical significance，Including public data sharing and openness and non -public data conditional applications，The scope of the data trust、Design、Start、Operation、Assessment and end all cycle technical solutions，At the same time in privacy calculations、Federal learning and other aspects explore the supporting mechanism of data trust。Obligatory access、Participate in governance、Security perception、interest distribution、Sustainable business model and other aspects proposed a practical and operable institutional solution。The systematic design of the system and technology through the data trust，Fully mobilize the enthusiasm of the data economy's diversified subject，Avoid and solve the data trading system of the data trading system，A sharp contradictions that relieve data security protection problems and data transaction demands，This fills the gap in China's data trust solution in the data governance system，Compared with British, American, Japan and other powerful countries，Proposed data transactions and data trust system frameworks with both Chinese characteristics and theoretical consensus。

Based on the separation of data ownership and data use right，In order to compare the data trust mode in the industry and cross -industry，China is also prepared to conduct data sandbox mode data trust verification exploration，bet365 live casino games to ensure that the data circulation process is safe and controllable，Data trust product architecture、Calculation Platform、Security mechanism，Implementing data trust data can be checked and controllable methods and methods to support transaction logic such as data application and authorization。Based on existing legal specifications and technical standards，Combined with expert experience，Security logic based on data trust verification，will be tracked in data authorization、Operation monitoring、Follow current、Results and other logic implementation architecture solutions expert confidence evaluation。

In short,，Only after the above -mentioned system arrangement of data asset trusts is improved and implemented，"Data Exchange", which has been tried and exploring the institutional path in all parts of China, will not cause "trust deficit"，Data elements that have been seen for the first time can truly establish and gradually improve。