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Legal research on government data and larger public data，In the early days, most of the inheritance of public management、"Open Government Data，OGD)。Central Committee of the Communist Party of China、The State Council's "Opinions on Building a more complete factor market -based configuration system and mechanism" clearly states that it is necessary to accelerate the cultivation of the data element market，And specially required "Study and Establishment of Promoting Enterprise Registration、Transportation、The institutional specifications of the open data and other public data and the effective flow of data resources "。This has put forward more challenges in addition to "Open Government Data"。

　　Constitutional basis for national governance public data

The legitimacy of state intervention is generally derived from the government's understanding of the representative of the government，Closely related to republican theory and tradition of utilitarianism。Based on the pursuit of maximizing public interests and human happiness，and market、All kinds of faults and defects in society itself，Government's intervention is meaningful。Under the circumstances of freedom，There may be confusion and irrational state，State intervention is conducive to solving coordinated problems and collective dilemma，It is conducive to enhancing collective benefits，and strengthen the ability of private action，Reasoning to push personal choice。

In a socialist country，State intervention has more unique significance。Article 9 of the Constitution in my country clearly stipulates "mineral、Water flow、Forest、Mountains、Grassland、wasteland、Beach Tu and other natural resources，All belong to the country all，That is the whole people owned "，Comrade Peng Zhen's "Report on the Draft Report of the Constitutional amendment of the People's Republic bet365 best casino games of China" at the fifth meeting of the Fifth National People's Congress of the National People's Congress.，"The socialist public ownership of the means of production is the basis of my country's socialist economic system" "ensure that the collective ownership of the labor people move forward along the direction of socialism，Ensure that the individual economy is a socialist service，Ensure that the development of the entire national economy is in line with the overall interests of the working people and the decisive conditions of long -term interests "" establishment of socialist public ownership，Destroy the system of exploiting people "。According to the interpretation of Chinese constitutional scholars: Socialist revolution opposes individual people's possession of natural resources as a production element，Article 9 of my country's Constitution is actually set up a prohibition of exploitation through natural resources、State responsibility for maintaining the socialist economic system。The Fourth Plenary Session of the 19th Central Committee of the Party decided to propose "sound labor、Capital、Land、Knowledge、Technology、Management、Data and other production factors are contributed by market evaluation、Mechanism of Decisive Return according to contributions "。Data has become a production factor at the national policy level for the first time，As a result of the data of the production element, the opportunity to discuss with the similar dimension with natural resources。

Data，Especially the value of big data needs to rely on data mining，The main technology of data mining depends on artificial intelligence。But，Data elements are inserted into the production process. In fact, human labor and human intelligence。Artificial intelligence is both the crystallization of long -term accumulation of human intelligence，The implementation of specific artificial intelligence technology also requires combined with data training of human labor。Data training with conscious participation，As Amazon's "Machine Turkish Bet365 app download Project"，Data public bag，Soliciting netizens to participate in the "Human-in-the-the-LOOP)，Human feedback to help verify and update the data training model。But the most important thing is data training that the parties unconsciously participate in，If a netizen search keywords、Selection of products, etc., did not realize that the actions that belonged to labor actually created or screened valuable data，These values ​​are often used for free or low prices by online platforms。The external form of human labor is covered by data production。The network platform seems to provide free service，However, forcibly paying for free payment with data value as a necessary condition for service。

Personal and "Master" oppression，Industry has been noticed and predicted by Marx: "Separation of intellectuals in the production process，Intellectual transformation into the power of capital control，It is done in a large industry based on machine ... Science、huge natural force、Mass labor in society is reflected in the machine system，and the same machine system a power that constitutes 'masters'。"" Volume 5 of "Marx Engels") "The dominance of workers' economics of labor information is the monopoly of the source of life"，A corner of the data social relationship but does not have data control tools to be in a dominant position，Farewell to master data control。Platform control data，It also controls all the beneficiary channels of the data，It is difficult for other participants to participate in the distribution of interests。

According to this new possible exploitation reality and dilemma of governance，Data relationship between socialist countries is deserved，With sufficient legitimacy and necessity。Especially public data，It should be subject to strong intervention in the three dimensions: first of all，From data labor dimension，Public data formation relies on the consciousness of the entire society、Unconscious data labor; second，From data value dimension，Public data is the largest in quantity，The strategic bet365 Play online games value of "ensuring the development of the entire national economy is in line with the overall interests and long -term interests of the working people";，From the data control dimension,，The public data industry has been placed below the national reality control。

　Legal tool selection of national governance public data

Of course，State intervention falls above legal text，Still follow the order and logic of Chinese law，Therefore, we must find this intervention with existing legal tools。but but，What legal tools to adapt to data are always controversial。If the public institution may have data intellectual property，Public institutions may have certain rights based on the compilation right of database，However, the content of the database compilation right is extremely limited。In practice，There are not many examples of constructing the relationship between the country and the public data on the basis of database rights，More the other two paths: ownership path or regulation path。

Whether the ownership can be set on the data is controversial。The legal order itself or the legal order it creates failed to directly determine or indirectly launch the data to set the ownership，Can't determine its ownership。Compared with the mainstream point of view, I still think that it is not possible to set up an ownership on the data only with the help of legal tools，or at least think that data ownership cannot be confirmed。The solution of the scholars holding a positive position is mainly to indirectly set the ownership with other objects，or confirmed with the help of technical means。Scholars holding negative positions point out，No matter if you can set up ownership，No one rely on private rights as a tool to control the data。

The ownership can help the subject independently decide to obtain benefits、Defense infringement，The implementation method is access to the subject of the right to decide (or at least intervene) data、Use、Copy、Transfer and other rights。The core of these rights is still the control of data。significantly different from the existing bet365 live casino games property in other specifications，The status that the data right holder cannot be controlled at the beginning of the right of the rights。Data control is more dependent on technology at the actual level，instead of the legal relationship set between equal subjects。Data control requires complicated and expensive material foundations (such as data server)，Its specific operation conditions are not known for outsiders，Personal cost of doing higher costs according to private law。The difficulties of the aforementioned dilemma and the difficulties determined by the ownership have caused controversy of data ownership。Personal data created by GDPR can be carried by the right to create a new type of private rights outside of ownership to help individuals get their data control。At the same time，Even if the data ownership still has the possibility and necessary setting，But the national industry has actually controlled public data，No need to rely on ownership to compete for control。The strong status of the country determines that the state does not need to rely on ownership to consolidate data control。Therefore, the key is whether the country’s control is legitimate。However, the transactional syndrome is not only one of the ownership，Besides, all countries in public data need to be proposed for legitimacy。

Actually，Limited necessity for national governance for the path of ownership，State ownership and regulatory rights are homogeneous。As far as the subject is concerned,，Public data belongs to the country (or the whole people), although it is an intuitive concept，However, the nationalization that stops only on ownership will weaken individual management，Public resources that have restricted public resources become open resource。For all natural resources that are also the country，The country is also more public legal power that exercises regulation through ownership。The ownership can be decomposed or restricted by national regulations，The ownership itself has also become a tool for regulation。Public data and renewable natural resources have key strategic significance、Bet365 app download Public attributes that cannot be exclusive、The positive externality that everyone can benefit from sharing is similar to the approximate features of being abused by artificial abuse。The country does not need to use "national ownership" as an intermediary，Of course, it can be extended to use Article 9 of the Constitution in my country Article 9 to protect the national responsibility clauses that protect natural resources，Performance of national responsibility that protects similar public resources。The state's legal basis for public data governance is the existing terms that the constitution prevent public resources from being abused，So that the state can be internally manage internally controlled the data resources under their own control，and exercise regulatory powers on external users and other related parties after the public data resources are open and utilized。

　Radiation value of national governance public data legal paradigm

Public data requires that the interference of the country seems to be self -evident。Further，The governance of other types of data can be used to learn from Marxist -based public data governance paradigm。The value of the data is generated and added in a wide range of flows，It has public attributes in itself，Generally related to public interests。These characteristics are commonly possessed by all types of data。The limitations of the publicity and private law of data provide the necessity and legitimate foundation of the country's intervention。The relationship between the data generated by the private network platform interaction with the private network platform needs to be further clarified，But the value of the data with unsatisfactory property rights is used as a natural pipeline that is to be assigned to the distribution.。Specific mechanisms and forms of disadvantaged related parties such as natural persons to participate in data interest distribution can be determined by the market mechanism，But the country can shape the field of its fair game，Provide the basis for the role of market mechanism。The governance of Chinese bet365 Play online games data should reflect socialist characteristics，This is both the national system decision，Also fits the essence of data publicization。This is a coincidence that is consistent.，It is better to say that Marx has been standing in the past to look at the future -that is, our current and farther futures。

(This article is the Scientific Research Fund of the Renmin University of China (Special Funding for Special Fund Fund Fund for the Scientific Research Business Fees of the Central University) "Public Data Sharing and Utilization Regulation Research" (20xnh010)

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