Data transactions are the value -added of data value、Fully release system performance、Important ways to promote the development of the digital economy。In recent years，my country's data transaction scale continues to expand，The industry is developing rapidly，But according to the "Data Value and Data Factor Market Development Report (2023)" released by the China Information and Communications Research Institute (2023)，my country's data circulation transaction is still based on off -site transactions，On -site transactions are still accelerating。So，To regulate the data trading market、Stimulate data element potential，It is necessary to further improve the data trading system，Release data value to the greatest extent under the premise of legal compliance。Looking at it specifically，The system should be reasonable、Valid market、Valid market、Legislativeity、Technical support these five aspects。

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The data trading system is in the context of data factor marketization，Data as a transaction object，Target with the value of data resources and value -added，Basic institutional system built around the entire process of data transactions。December 2022，"Opinions of the Central Committee of the Communist Party of China on building a data basic system to better play the role of data elements" (hereinafter referred to as "Data 20")，It is clearly stated that the data circulation trading system is the focus of construction。Looking at the current data transaction practice，It can be found that the ownership of equity is not clear、The main function is unclear、Quality standards are not uniform、Information security is difficult to guarantee and other problems。The root cause of the above problem lies in data and land、labor force、Capital、The essence of traditional production factors such as technology，that is, the data is replicable、Better attribute、Non -competitive、It can be shared with characteristics，Requires us to make in response to design in the construction of the transaction system。

First，Based on the data classification classification system。The data resources and data products in the current market are complex and diverse，The data attribute category should be combined、Important、Risk level and other factors classification and classification，On the one hand，Standardize data types participating in market circulation，Avoid data types that are not suitable for market transactions to flow into the market; on the other hand，Promoting data right holders to fully dig data value，Raise the scientificity and fineness of trading rules，Improve the quality of the data factor market，Promoting data use right exchange and marketization。

Second，With the structural distribution system of data ownership as the core。"Data 20" proposes to explore the structural separation system of data property rights，The characteristics of generating according to data sources and data，Define data production、circulation、The legitimate rights enjoys the participants during use，Establish data resource holdings、Data processing right、Data product operation rights and other separate property rights operation mechanisms。February 2023，The Shenzhen Municipal Development bet365 best casino games and Reform Commission (hereinafter referred to as the "Shenzhen Development and Reform Commission") issued the "Interim Measures for the Management of Shenzhen Data Transaction"，The specific practice of the structural splitting of data property rights is the first to explore the specific practice of data property rights，Provides a relatively clear data confirmation solution for data transactions。

Last，Focus on data transaction security compliance system。Data transaction security compliance system is the focus of the data trading system，Especially the system specification for cross -border flow for data，It is more important in the current background of the data security game of various countries。Compliance and security is the red line of data transactions，On the one hand，The security compliance system can reduce the risk of personal information and national secrets; on the other hand，This system can increase the corporate anti -risk ability in data cross -border transactions，It is helpful to fully release the innovative vitality、Create core competitiveness、Open Overseas Market。

　　Valid market

In the data trading system，The government must make good use of "visible hands"，Fully stimulate the vitality of the market subject，Promote the market -oriented configuration reform of data element，Focus on improving the efficiency of macro regulation，Continuous optimization business environment。

First，Give play to the role of a full -time institution。2023 National Two Sessions，The State Council asked and established the establishment of the National Data Agency，Responsible for coordinating the construction of data basic system，Coordinate data resources integration sharing, development and utilization，Coordinated to promote digital China、Digital economy、Digital social planning and construction，Managed by the National Development bet365 best casino games and Reform Commission。Future，On the one hand，Need to play the overall role of the National Data Bureau，Promote different areas、Different industries、different fields、Coordinated governance of different departments，Avoiding the "Kowloon Water" phenomenon appear，Improve the country's overall construction of the data trading mechanism; on the other hand，It needs to be rely on the function of the National Data Bureau，Promoting the establishment of a unified market for data，Promoting between government departments、Between government and enterprises、Data between different enterprises is open and shared，Open the data link，Implement data integration。

Second，Pay attention to the top -level strategic design。In the construction of the data trading system，It is necessary to adhere to the large domestic cycle as the main body、New development pattern of mutual promotion of domestic and international dual cycles。The first is to promote digital industrialization and digitalization of industrialization，Promote the integration of the digital economy and the real economy，Accelerate the supply -side structural reform of the data factor market，Digital transformation of empowering the real economy; the second is to establish and improve the data trading market rules system，Create a market environment of fair competition，Encouragement、Support、Guide multiple market entities to participate together; the third is to ensure the security and orderly order of data cross -border circulation transactions，Encourage Chinese digital companies bet365 Play online games to "go global"，Create the core competitiveness of the enterprise、Pioneering overseas markets; fourth, actively participate in relevant international rules and technical standards，Exploring China Plan that is in line with my country's actual situation，Enhance my country's right to speak in the international digital economic order; the fifth is to strengthen the construction of digital trading talent teams，Efficiency to increase efficiency for the high -quality development of my country's digital economy。

Last，Build a unified trading market。Current，my country still lacks a unified data trading platform，Each data exchange trading target、Data usability and transaction specifications are large.，Unable to realize the free flow of data across regions; it is urgent to establish a national data exchange，Forms a unified data circulation transaction specification standard，and highlight the public attributes and regulatory functions of the National Data Exchange。，my country ’s digital infrastructure construction is generally large in size but uneven distribution，Between urban and rural areas、Cover between the network between the ups and downs and developed areas、Data Center、There is a large gap in cloud computing and other aspects，It affects the unified construction of the digital trading market。So，The balance of the construction of digital infrastructure needs to be strengthened，Establishing computing power scheduling and data scheduling mechanisms across the country，and realize interconnection。

Valid market

Data transactions involve confirmation、Valuation、Price、docking、Storage、Admission、Compliance and other professional links，Therefore, in the government and traders、Between traders and traders，Need data providers and third -party institutions provide related professional technical services。"Data 20" clearly proposed，To establish a market operating mechanism separated from data trading venues and data vendors，Around promoting data elements compliance and efficient、Safe and orderly circulation，Cultivate a group of data providers and third -party professional service agencies。This is the reform of the market -oriented configuration of data element，Give full play to the market efficiency to provide entry points。

First, to establish and improve the market behavior specification of data providers。The current legal system has not yet defined the "data provider"，March 2023，The Shenzhen Development bet365 best casino games and Reform Commission issued a standardized document "Interim Measures for Management of Shenzhen Data Merchants and Data Distribution Trading Third Party Service Institutions"，Proposal data providers refer to the collection or maintenance data from various legal sources，Summary、Processing、Analysis, etc. The processing is transformed into a transaction target，Sell or license to buyers，Or to promote and fulfill the transaction smoothly，Provide a transaction target release to the client、underwriting and other services，Corporate legal person who develops business compliance。Third -party service agencies refer to the orderly development of assisted data transactions，Provide legal services、Data asset -based service、Safety and Quality Evaluation Service、Training consulting services and other third -party services legal person or illegal organization。Combined with "Data 20" and local practice，"Data Merchants" include at bet365 best casino games least data developers、Data seller、Data intermediary，Its functions are data products development、Sales or agents、intermediary service。So，In the future, it must be based on the types of different data vendors and its business scope，Develop regulatory rules separately，Safety compliance of data development、Data underwriting specification efficiency、The credible order of the data brokerage。

The second is to classify the data classification according to the market supply and demand。Data circulation transactions，Market supply and demand in the industry and application scenarios of data products，It is an important reference factor for data classification and classification。On the one hand，Data vendors and third -party agencies need to determine the application scenario of data products，in order to allow the needs of the needs to find available data; on the other hand，Data vendors and third -party agencies are based on market、Understanding of the industry，It can help market entities creatively discover data requirements，To solve specific problems。So，Data classification and grading system needs to fully consider the matching link of supply and demand in data transactions，Make the classification classification is conducive to improving the efficiency of market allocation resources。

Third is to further implement the structural separation of data ownership。In the implementation of the structural separation system，It can fully absorb the experience of data resources and third -party institutions for data resources。Data resources holding right、Data processing right、Data product operation rights and other separate property rights operation mechanisms，Compared with the traditional ownership system, it is dynamic，General data rights in data production、Circulation、Different specific samples are present in the life cycle of life。Therefore, during the data transaction process，Data right holders first need to clearly clear the boundary of the right to enjoy and can be traded; then due to ability、Time、Technology and other restricted factors，Data resource holders need to entrust the data resources and some data rights it controls to the data provider; finally data providers and third -party institutions will gather and aggregate data，Data resources that can be further developed and utilized。

Fourth is to encourage market players to actively participate in data compliance construction。Except legal specification、Administrative Supervision、Exchange Management、Trader Self -discipline，Data vendors and third -party agencies can also play their own advantages as market entities，Tracing the "trace" verification of the data transaction target，Make sure data processing、The legitimacy of processing; and compliance evaluation of the data usage scenario，Avoid data from illegal use。，Data vendors and third -party institutions can also launch compliance services for higher levels of compliance needs，Auxiliary traders conduct compliant construction，Compliance review of the transaction contract。

　　Legislativeity

At the national level，A series of legislative activities in recent years have established the legal status of data transactions，Build a large framework and legislative direction of data transactions。2015，"Notice of the State Council on Printing and Distributing the Outline of Promoting the Development Action of Big Data"，To "guide the cultivation of big Bet365 lotto review data trading markets，Pilot application for application -oriented data trading markets "。2018、In 2019, "Information Security Technology Data Transaction Safety Requirements", "Information Technology Data Transaction Service Platform Trading Data Description", "Information Technology Data Transaction Service Platform Universal Requirements" and other related standards，Security matters for data transactions、Must -choose information described、Platform requirements for specific regulations。2020，"Guiding Opinions of the Ministry of Industry and Information Technology on the Development of Industrial Big Data" proposed，To "build an industrial big data asset value evaluation system，Research and formulation fair、Open、Transparent data trading rules，Strengthen market supervision and industry self -discipline，Pilot data asset transaction pilot，Cultivate Industrial Data Market "。The "Data Security Law" implemented in 2021 stipulates，The state should establish a sound data transaction management system，Standardized data trading behavior，Cultivate the data trading market，and make corresponding requirements for institutions engaged in data transaction intermediary services，Standards the legal liability of data trading intermediaries。，"Data Transaction" is officially included in national laws。

At the local level，Most of the places have passed local regulations、Local Government Regulations、Local standardized documents, etc., refine and explore the data trading system。According to statistics，Guizhou Province、Hainan Province、Guangdong Province、Tianjin、Shanghai, including more than ten provinces and municipalities, has issued relevant data regulations; Zhejiang Province、Shanxi Province、Hebei Province、Shanghai、Local governments in Chengdu, Sichuan Province all stated that they should support data transactions、Formulate data transaction standards、Establish a data trading system; Jiangxi Province、Anhui Province、Beijing、24 provinces and cities including Nanjing City, Jiangsu Province have proposed the idea of ​​establishing big data exchanges or big data trading platforms。It can be seen that all regions in my country are actively through local legislation，Promote the construction of the data trading system。

Regulating the legislative practice of the current data trading system，Data transaction confirmation、Registration、Price、Operation、Place、Compliance and other aspects of all aspects involved，The legal system that regulates the entire data transaction ecology already has a preliminary framework，But there are still the following problems。

One，Focus on principles and lack of details。Legislation with the structural distribution of data ownership as an example，"Data 20" mainly proposes to establish data resources at the macro level、Data processing right、Data product operation rights and other separate property rights operation mechanisms，It has not detailed the specific content of this mechanism; existing local legislation such as "Interim Measures for Shenzhen Data Transaction Management" is also mainly a positive response for central legislation，The same lack of micro -design of institutional details，How to get the corresponding rights for market entities、Why is there no detailed regulations for the border of rights。

Its two，The specifications of each process of the transaction are decentralized without concentration。From the perspective of existing laws and regulations，Data security and compliance bet365 live casino games content is stipulated by the "Network Security Law", "Data Security Law" and "Personal Information Protection Law" and other regulations，Data ownership、Transaction subject、Transaction targets, etc., are scattered in the data regulations issued by various places，Different legal levels, and different local regulations caused by cross -regional transactions of data。

Three，Lack of special legal provisions for data exchanges。Data Exchange is an important carrier for data circulation，It is a data classification classification、Structural separation of ownership、Trading security compliance and other systems to play the main place for performance。Planning and management of data trading venues must be coordinated，Focusing on "misplaced complementarity"，Establish a multi -level data trading venue of "national+regional+industry"; it must be clear that the national data exchange should provide platform services、Affairs of guarantee transactions is fair and orderly，Under the structure of "separation of venues"，Highlight its compliance supervision and basic service functions，Strengthening its public attributes and public welfare positioning。At the same time，It is also necessary to consider setting up the management method of the data exchange，Establishment of Data Exchange、Layout、Admission Rules、Supervision and other specific rules and functions to make legal provisions。

　　Technology support

To promote data transactions under the premise of legal compliance，It also needs to make full use of scientific and technological methods to deal with problems in data transactions，Safety and credibility of data transactions。

First，Must be relying on technical means to establish a safe and efficient trading mode。can be based on data classification classification，Establish a hierarchical protection mechanism for transaction data，Provide different degrees of security protection measures for different levels of data。For example, data for cross -border transactions，Except for security assessment in accordance with the "Evaluation Measures for Data Outbound"，You can also refer to "the original data does not get out of domain、Data Available "trading concepts，Privacy calculation technology，Make cross -border transaction subjects carry out joint machine learning and analysis without exchange of raw data，or logo the data before the transaction，Therefore, it protects sensitive information and does not affect the transaction。

Second，It can strengthen data development to improve the value of data resources。The quality of data resources is the value point in the data trading process，With the continuous increase of data，The generation of massive non -structured data，In order to realize the value of data resource value in data transactions，You need to dig and analyze the data，Keep the appropriate data granular，Improve the quality of data supply in the data trading market。

again，It should be explored to establish a unified data transaction public service platform。Current，Each trading venue、Uniform technical specification standard system has not been formed between the trading platform and the trading subject，Data interfaces of all parties、identification、Codes and other are not compatible，Difficulty in transaction difficulties between different regions and industries，Low data sharing between different subjects，It is difficult to stimulate the vitality of the data trading market。Bet365 app download The unified public trading platform should be established，Build data identification coding fusion、Cross -blockchain and cross -privacy computing platform technical service system，To promote different places、Interconnection between the platform and the subject。Recent，The National Engineering Laboratory of Big Data Distribution and Trading Technology and Shanghai Data Exchange completed the first phase of the domestic data trading chain and officially launched，Realized "one place、All -chain circulation "，Domestic independent and controllable open source blockchain chain technology、Smart Contract Development Technology、Data Privacy Protection Technology、Cross -chain information interoperability technology and other advanced technologies，Realizing the interconnection of data security transactions。

Last，The construction of digital infrastructure should be strengthened。Current，my country increases the demand for in -depth data value of data，Increases of network frequency bands and application scenarios，Strengthening the diversified trend of data products，All put forward higher requirements for the construction of digital infrastructure。So，To fully promote the coordinated development of Yunwang and calculating network，Exploring the construction of the computing power of the data element as the core、Cross -cloud dispatch system，Provide efficiency for data transactions、Collection、Green、Safe infrastructure base。

In short，To achieve the marketization of data element，Encourage various subjects to enter the market to carry out data transactions，The data classification classification system needs to be used、Data ownership structural distribution system and data transaction security compliance system is the main framework，Reasonable from the system、Valid market、Valid market、Legislativeity、Five aspects of scientific and technological support, the architecture construction of the data trading system，Focus on solving the confirmation of power in data transactions、Difficult to pricing、Believe in mutual trust、Difficult to enter、Questions about regulatory difficulties，Continuously improved the data trading rules system in practice。

　　(The author is a professor at the School of Law of Nankai University)