[Core Tip] The country does not need to use "state ownership" as an intermediary，The national responsibility clause for protecting natural resources in Article 9 of our Constitution can of course be extended，Perform national responsibility to protect similar public resources。The country’s legal basis for public nj bet365 governance is the existing provisions of the Constitution to prevent the abuse of public resources，Thus the country can internally manage the nj bet365 resources under its control，And exercise regulatory power over external users and other relevant parties after the public nj bet365 resources are open to use。

Legal research on government nj bet365 and larger public nj bet365，In the early days, most of them inherited public administration、Open Government nj bet365 for political science, etc.，OGD）。Central Committee of the Communist Party of China、The State Council's "Opinions on Building a More Perfect Market-oriented Allocation System and Mechanism for Factors" clearly states that it is necessary to accelerate the cultivation of the nj bet365 factor market，And specifically requires “research and establishment to promote enterprise registration、Transportation、Institutional specifications for the opening of meteorological and other public nj bet365 and the effective flow of nj bet365 resources”。This raises additional challenges beyond Open Government nj bet365。

　　The constitutional basis of public nj bet365 for national governance

The legitimacy of state intervention generally comes from the government’s recognition as a representative of social interests，Closely related to republican theory and utilitarian tradition。Based on the pursuit of public interests and maximization of human happiness，and the market、Various failures and defects in society itself，Government intervention is meaningful。In the case of laissez-faire，Confusion and irrationality may occur，State intervention is helpful in solving coordination problems and collective dilemmas，Conducive to enhancing collective welfare，And strengthen private mobility，Rationality promotes personal choice。

In socialist countries，State intervention has more unique meanings。Article 9 of my country’s Constitution clearly stipulates that “mineral deposits、Flow of water、Forest、山ridge、Grassland、Wasteland、Tidal flats and other natural resources，All belong to the state，That is, owned by all the people”，Comrade Peng Zhen pointed out the relevant provisions of public ownership in the "Report on the Draft Amendment to the Constitution of the People's Republic of China" delivered at the Fifth Session of the Fifth National People's Congress，“Socialist public ownership of the means of production is the foundation of our country’s socialist economic system” and “ensuring that the economy collectively owned by the working people moves in the direction of socialism，Ensure that the individual economy serves socialism，The decisive condition to ensure that the development of the entire national economy is in line with the overall interests and long-term interests of the working people" and "the establishment of socialist public ownership，Eliminate the system of people exploiting people”。According to the interpretation of our country’s constitutional scholars: The socialist revolution opposes the exploitation of natural resources by individuals as factors of production，Article 9 of our country’s Constitution actually sets a prohibition on the exploitation of natural resources、National responsibility to maintain the socialist economic system。The Fourth Plenary Session of the 19th Central Committee of the Communist Party of China decided to propose “improving labor、Capital、Land、Knowledge、Technology、Management、nj bet365 and other production factors are contributed by market evaluation、Mechanism to determine remuneration based on contribution”。For the first time, nj bet365 has become a factor of production at the national policy level，Thus, nj bet365 as a factor of production has gained the opportunity to discuss in a similar dimension to natural resources。

nj bet365，In particular, the value of big nj bet365 needs to be obtained through nj bet365 mining，The main technology that nj bet365 mining relies on is artificial intelligence。However，The integration of nj bet365 elements into the production process is actually inseparable from human labor and general human intelligence。Artificial intelligence is the crystallization of long-term accumulation of human general intelligence，The implementation of specific artificial intelligence technology also requires nj bet365 training combined with human labor。nj bet365 training with the conscious participation of the parties involved，Such as Amazon’s “Robot Turk Project”，Through nj bet365 crowdsourcing，Recruiting netizens to participate in "Human-in-the-loop"，Human feedback is used to help validate and update the nj bet365 training model。But the more important thing is the nj bet365 training in which the parties involved unconsciously participated，If netizens search for keywords、Activities such as selecting products that are not realized as labor actually create or filter valuable nj bet365，These values ​​are often occupied by online platforms for free or at low prices。The external form of human labor is obscured by nj bet365 production。The online platform seems to provide free services，However, free payment of nj bet365 value is mandatory as a necessary condition for obtaining services。

Individuals are oppressed by technology and its “masters”，Already noticed and predicted by Marx: "Intelligence in the production process is separated from manual labor，Intelligence is transformed into the power of capital to control labor，It is completed in large-scale industry based on machines... science、Huge natural force、The mass labor of society is reflected in the machine system，And together with the machine system, it constitutes the power of the ‘master’。” (Volume 5 of "Collected Works of Marx and Engels") "Workers are economically dominated by the monopolist of the means of labor, which is the source of life"，Those who occupy a corner of the nj bet365 social relationship but do not possess the nj bet365 control tools have to be in a dominated position，Not to mention having control over the nj bet365。Platform control nj bet365，Also controls all profit channels from nj bet365，It is difficult for other participants to participate in the distribution of benefits。

In response to this new possible exploitation reality and governance dilemma，It is natural for socialist countries to interfere in nj bet365 relationships，Have sufficient legitimacy and necessity。Especially public nj bet365，It should receive strong state intervention in three dimensions: first，From the nj bet365 labor dimension，The formation of public nj bet365 relies on the consciousness of the entire society、Unconscious nj bet365 labor；Secondly，From the nj bet365 value dimension，Public nj bet365 is the largest in terms of quantity，The most strategic value of “ensuring that the development of the entire national economy is in line with the overall interests and long-term interests of the working people”；Last，From the perspective of nj bet365 control，Public nj bet365 has been placed under the control of national reality。

　Selection of legal tools for national governance of public nj bet365

Of course，State intervention falls on legal texts，We still have to follow the inherent order and logic of Chinese law，Therefore, it is necessary to find existing legal tools to implement this kind of intervention。However，What legal tools should be used for nj bet365 adaptation has always been controversial。For example, public agencies may own intellectual property rights in the nj bet365，Public agencies may have certain rights based on database compilation rights，However, the content of database compilation rights is extremely limited。In practice，There are not many examples of constructing the relationship between the state and public nj bet365 based on database rights，There are two more paths: the ownership path or the regulatory path。

Whether ownership can be set on nj bet365 itself is controversial。Neither the existing legal norms themselves nor the legal order they create can directly determine or indirectly infer that ownership can be set on nj bet365，It is even more difficult to determine its ownership。The more mainstream view is that ownership cannot be established on nj bet365 solely with the help of legal tools，Or at least think that the nj bet365 ownership cannot be confirmed。The solution for scholars who hold a positive stance is to indirectly set ownership through other objects，Or use technical means to confirm rights。Scholars who take a negative stance point out，Whether ownership can be set or not，No one can independently control nj bet365 solely by relying on private rights。

Ownership can help the subject decide independently to obtain benefits、Defense against infringement，The implementation method is that the rights subject must decide (or at least intervene) the access to the nj bet365、Use、Copy、Transfer and other rights。The core of these rights is the control of nj bet365。Significantly different from existing property rights objects in other specifications，There is a situation where the nj bet365 rights holder cannot control the rights object from the beginning。nj bet365 control relies more on technology at the practical level，The legal relationship established between equal subjects by non-private law。The control of nj bet365 requires complex and expensive material basis (such as nj bet365 server)，The specific operation conditions are not known to outsiders，The cost for individuals to exercise their rights under private law is high and the benefits are limited。The aforementioned dilemma and the difficulty in determining ownership have jointly led to disputes over nj bet365 ownership。The right to personal nj bet365 portability created by GDPR is also an attempt to create new private rights in addition to ownership to help individuals gain control of their nj bet365。At the same time，Even if nj bet365 ownership is still possible and necessary to set，But the state has actually controlled public nj bet365，No need to rely on ownership to fight for control。The country’s strong position determines that the country does not need to rely on ownership to consolidate nj bet365 control。So the key question is whether this kind of control by the state is legitimate。However, the justification of legitimacy is not limited to ownership，Not to mention that the construction of public nj bet365 and national ownership itself also requires legitimacy argument。

Actually，The ownership path has limited necessity for national governance，There is homogeneity between state ownership and regulatory power。As far as the rights subject is concerned，Although it is an intuitive concept that public nj bet365 is owned by the state (or owned by the whole people)，However, nationalization that only stops at ownership will weaken individual management，Making originally restricted public resources open resources。For natural resources that are also owned by the country，The state also exercises more public legal power through ownership rights。Ownership can be broken down or restricted by state regulatory means，Ownership itself has become a tool of regulation。Public nj bet365 and renewable natural resources are both of critical strategic importance、Public attributes that cannot be exclusive、Similar characteristics such as positive externalities that everyone can benefit from and the possibility of being abused。The country does not need to use "state ownership" as an intermediary，The national responsibility clause for protecting natural resources in Article 9 of our Constitution can of course be extended，Perform national responsibility to protect similar public resources。The country’s legal basis for public nj bet365 governance is the existing provisions of the Constitution to prevent the abuse of public resources，Thus the country can internally manage the nj bet365 resources under its control，And exercise regulatory power over external users and other relevant parties after the public nj bet365 resources are open to use。

　The radiating value of the legal paradigm of national governance of public nj bet365

It seems self-evident that public nj bet365 requires more state intervention。Further，The governance of other types of nj bet365 can learn from the public nj bet365 governance paradigm based on Marxism。The value of nj bet365 is generated and increases in value through extensive flow，It has public attributes，Generally related to public interests。These characteristics are common to all types of nj bet365。The public nature of nj bet365 and the limitations of private law provide the basis for the necessity and legitimacy of state intervention。The relationship between the nj bet365 generated by the interaction between private and private network platforms and the state needs to be further clarified，However, the value of nj bet365 with pending property rights serves as a natural channel for state interference in the benefits to be distributed。The specific mechanism and form for natural persons and other vulnerable parties to participate in the distribution of nj bet365 benefits can be determined by the market mechanism，But the country can shape its fair game field，Provide a foundation for the market mechanism to function。China’s nj bet365 governance should reflect socialist characteristics，This is a national system decision，Also consistent with the nature of nj bet365 publicization。This fit is not so much a coincidence，It is better to say that it has already been contained in Marx’s deep eyes as he stood in the past and looked at the future—that is, our present and the further future。

(This article is a phased result of the “Research on Regulation of Public nj bet365 Sharing and Utilization” (20XNH010) funded by the Scientific Research Fund of Renmin University of China (funded by the Fundamental Research Funds for Central Universities)

(Author’s unit: Law School of Renmin University of China、Blockchain Research Institute of Renmin University of China)