Construction of data to stimulate data elements with a solid system
April 04, 2023 09:32 Source: "China Social Sciences", April 4, 2023, Issue 2624, Issue 2624

Data as a new type of production,is digital、Netlature、Basis of intelligent development,Has quickly integrated into production、allocation、circulation、Consumption and Social Service Management and other links,Deeply affects people’s production lifestyle and social governance methods。Data basic system construction is related to the overall national development and security situation。Time value around the data basic system、Future development and other topics,The reporter interviewed Long Weiqiu, Dean of the Law School of Beijing University of Aeronautics and Astronautics、Cai Yuezhou, director、Yang Dong, Dean of the Academy of Interdisciplinary Research, Renmin University of China、Assistant to the Dean of the Internet Development Research Institute of Beijing Normal University Wu Shenfang。 

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  "China Social Sciences": 2022,my country has introduced a series of standardized data development、Policy documents for the construction of data basic system。Do you think,What is the need for my country to introduce a series of data policy documents?

Longwei Ball:Introduce relevant data policies in time,It can be understood at the level of "the law of the upper -level building should meet the requirements of the economic foundation development"。On the one hand,my country's digital economy has flourished in recent years。Big Data、Cloud computing、Artificial Intelligence、The new generation of information technology such as the Internet of Things has been widely used and continuously iterated,Digital industrialization has developed rapidly,and deeply integrate into industry、Energy、Medical、Traffic、Education、Agriculture and other industries; the industry scale continues to grow rapidly,Stable in the world for several years,2012 to 2021,my country's digital economy has increased from 18 trillion yuan to over 45 trillion yuan,Digital economy accounted for the proportion of GDP in China increased from 21.6%to 39.8%。This is an important change in economic foundation。On the other hand,my country has actively worked in network information legislation over the years,Entrance of the "Network Security Law", "E -commerce Law", "Data Security Law", "Personal Information Protection Law" and other important regulations,It laid an important legal basis for the development of the digital economy。But we found,Data resources for the most important support for the digital economy,There is no complete legislation,This is an important defect。The reason for it,This problem is more complicated,No precedent to follow,Need to be tested by practice。The Central Shenzhen Reform Commission specifically made major deployment on the data property rights system, especially the data property system,,Data property legislation of the next step。

  Cai Yuezhou:Since 2010,The new round of scientific and technological revolution and industrial changes in the world from the end of the breeding to the accelerated evolution to the in -depth development,Highly overlap with the new development stage of my country。and the digital economy as the mainstream direction of the new round of scientific and technological revolution and industrial change,Requirements reflecting the new development concept,being building a new development pattern、Realizing high -quality development provides strong assistance。From the perspective of the development of the digital economy itself,In the past ten years,With the Internet of Things、Cloud computing、A new generation of information technology represented by artificial intelligence accelerate commercialization applications,generated and accumulated a large amount of data resources,Effectively supports the vigorous development of the new format of various digital economy models。But,Like data underground transactions、Personal privacy leaks and big data killing behaviors also occur from time to time,directly affects the healthy development of the digital economy。So,Standardized data governance,Especially standardized data circulation transactions,It is imperative。

  "China Social Sciences": establish a data basic system,What is the role of my country's data development?

Cai Yuezhou:Establish and improve the data basic system system,On the one hand,It can provide data resources to efficiently conversion and make full use of data resources; on the other hand,,It is conducive to improving data market supervision regulations,Effective guarantee data security,Cooking data monopoly brought about the disorderly expansion of capital。 

  Build a data basic system 

 "China Social Sciences": In your opinion,What data property rights should we build?

 Yang Dong:About this question,"Central Committee of the Communist Party of China、Opinions of the State Council on building a data basic system to better play the role of data elements "(hereinafter referred to as" Opinions ") put forward a quite pragmatic way to enter,Further clarified the scope of transaction data,and solve the dilemma of the configuration of data ownership with the separated property rights operation mechanism,Promoting data elements really entered the circulation link and business field,Effective enhanced data element supply,Help fully release the value of the data element。

Public data、Corporate data、The grades and classification of personal data are authorized for use,"Level" and "Class" directly affect the design of the data property system,The key to the current data element circulation obstacles with the premise of "grading classification",It is conducive to subsequent confirmation and authorization use。At the same time,Emphasize coordination with the authorization mechanism established with existing data legislation,To realize the protection of data rights and interests。For data grading classification system,It is recommended to further clear the data classification standard,Strengthen multi -sector collaboration,Especially coordinating the relationship between classification of data grading and data security items under the coordinated circulation data,Determine the distributed data range as soon as possible,Further stimulate circulation data supply。

Data property rights system shall focus on the mechanism of data production mechanism and data value player。From an economic perspective,Data has a scale effect,Data from a single subject is difficult to generate real economic value,Its value implementation depends on aggregation and digital technology treatment。At the same time,Data has an active feature,Repeated bet365 Play online games use can create greater value。At this stage, you can follow the idea of ​​"Opinions",Introduction to the "co -votes" (coken) service data resources holding right、The right to register the ownership of operating rights such as processing and use and permits other people,Real needs to meet the open and shared data of data circulation。But,Face for the future,Considering the essential data of the data property right lies in the distribution of the legitimacy of service data circulation and the benefits behind the data,"Tickets" can stimulate data circulation and be used as vouchers for interest distribution,When the data value realizes the upper and middle -end、The back -end problem is solved,The property rights configuration of the front end can be fundamentally resolved。

  Cai Yuezhou:Scientifically divided the relevant data ownership of various subjects,is to determine the data value distribution pattern,to give full play to market guidance regulatory effects、The premise and institutional guarantee of digging the potential of data value creation。Initial collection from the original data,Come to processing and effective information extraction,Then to finally play the role of production factors directly to participate in value creation,This is a multi -subject participation、Process of cooperation with each other。"Opinions" clearly "to establish a data property system,Promoting public data、Corporate data、Personal data grading classification confirmed authorization authorization,Establish data resource holdings、Data processing right、Data product operation rights and other separate property right operation mechanisms,Improve the protection system of data element equity "。It can be said,It is the most fundamental system construction,Fully consider data (resources) production、Processing、Based on the characteristics of the entire process,"Opinions" proposed holding right、Use right、The top -level design concept of the separation of operating rights。Based on this,It can provide clear legal and institutional basis for each subject's participation in data (created) value distribution,Make sure to all aspects、Each subject can get the corresponding return,Then laid the foundation for the market incentive mechanism。

 Longwei Ball:"Opinions" about the design of the data property system,It is a major policy innovation of my country's property rights system,established a new type of data property right。It is the type of absolute property right,It is a positive promotion mechanism that gives full play to the role of market configuration,Different from existing property and intellectual property rights,Series based on data resources or products,Three power architectures of the right to use the right to use the right to process and use,Give play to the unique incentive function that supports the development of the digital economy。Through this empowerment incentive,Can more reasonably encourage and guarantee various types of data subjects actively and regulate、Development、Application digital technology and data assets。 

  Clear property rights and transaction rules 

"China Social Sciences": Do you think,What are the key to building a data circulation trading system?

Longwei Ball:There are at least two aspects。First, there is a clear prerequisite for data property rights。Clear property rights are the prerequisite for transaction specifications,It is also trading security、The premise of clear transaction cost。Where,Corporate data is based on its nature and function,The highest degree of property rights。But public data、Corporate data is based on its nature and function,The former is subject to major constraints that serve public functions,The latter is closely related to the protection of personal information incorporated into personality equity.。Second, there must be legal and clear、Fair and reasonable trading rules。The point is to establish compliance and efficient data element circulation and trading system,Improve the full -process process compliance and regulatory rules system,Construction standard data trading market。Current,Many data trading venues have been established in various places,Data subjects have also created a large amount of data transaction contracts,But its reasonable、Normality needs to be perfected from multiple angles。

  Yang Dong:​​Conform to the digital era,Compliance and regulatory requirements for the entire process of data circulation to achieve and ensure。At the same time,It can foresee,Data confirmation authorization、Performance of the transaction contract、Safety transmission and other links will be applied to the blockchain、Privacy Calculation and other digital technologies,A series of data circulation risks caused by it also requires the use of digital technology to prevent and resolve。For data circulation governance,It is necessary to be outside the traditional legal rules governance dimension,Dispayed by scientific and technological governance,Form a dual -dimensional governance system,A series of new and old problems brought by data circulation transactions with technology -driven governance thinking。

Data Exchange and other data intermediaries are a very critical node to promote the entire data circulation transaction,Matching transaction、Build trust、Valuation Pricing and Solving Safety Farewell, playing extremely important characters。Construction standard data trading market,Can play the demonstration role of the data exchange,Encourage it to explore specific transaction rules and market rules,Exit -site transaction with standard on -site transactions,Gradually realize the standardized development of the data trading market in a step -by -step manner。

  Wu Shenfang:From the perspective of the exploration practice in various places,Guizhou、Shenzhen、Beijing and other places, although a big data exchange was established,But to build a comprehensive、Deep data trading ecology,Still facing a big challenge。The key to the data trading market for construction specifications is to have clear rules,The main body or enterprise holding the data holding data needs to be given clear legal provisions。Current,Data regulations promulgated in my country or digital economy related plans are all exploration of data transactions,But there are no clear rules。Data ownership involved in data transactions、Price and consideration rules、Entry qualification、Selection and evaluation mechanism of the main body of the trading platform operation、Trading rules inside and outside the field,All need to be specified and reliable local practice to specify guidance。At the same time,Has highly certain and operable trading rules,can ensure data transaction security。

  Cai Yuezhou:The data trading market is divided into narrow and general。The narrow data market refers to providing a matching for data transactions、matching places or vectors of services,Including big data exchanges established in various places in recent years、Provide and convenient cloud platforms for data element point -to -point transactions。Data Market in a broad sense,Refers to all potential data element suppliers、The system composed of demand parties and data factor trading behaviors。

From a narrow perspective,Construction of the key to standardize the data trading market,is the classification standard of clear data、Trading rules、Pricing mechanism、Income distribution mechanism, etc.。From a broad perspective,Construction standard data trading market,It also needs to build a complete data transaction supervision system,Standardize various types of data transactions。 

  Take into account efficiency and fairness 

"China Social Sciences": Do you think,How to establish reflection efficiency、Promoting fair data factor income distribution system?

Longwei Ball:There are many ways to solve fair problems,There is a means of market adjustment,There are also means to regulate the government。It should be systematically designed to design a fair system for digital,Pay attention to distinguish digital element configuration、Different links of digital operation and digital income distribution,Targeting fairness in it,Make reasonable response。

  Wu Shenfang:Data factors The formation of the scale market,cannot be separated from government data integration。Establish reflection efficiency、Promoting fair data element income distribution system,Focus on the real bottleneck of lack of motivation for both the government and enterprises,Take into account the public policy goals and the interests of the enterprise,By distribution of benefits according to the value law of data elements,Clarify the distribution rules of data products and data benefits generated during the use of data resources。First, in the development of government -enterprise cooperation,The public data management department and cooperative developers should be allowed to pass the cooperation agreement,Rights and obligations to each other and the ownership of the data products formed by development、The distribution of data benefits will be negotiated and agreed.,It can be processed based on public data resources,Get a specific property right for data products for its labor results,But it must not exclude others to independently process and process the same public data resources and form new data products and obtain data benefits。

  Cai Yuezhou:In promoting fair planes,It also needs to improve the data transaction supervision system,Containing data monopoly and abuse behavior,At the same time, we must guide head data companies to assume more social responsibility。

  Yang Dong:Data factor income distribution exists in three levels。When the first allocation,can be divided into resource、Asset -based、Three levels of capitalization,The resource level is mainly cost distribution,The asset -based level is mainly income distribution,The capitalization level is mainly equity distribution,Need to improve the cost accounting system、Asset pricing and labor distribution incentive mechanism,Innovative development of the capitalized operation system mode,Construction of institutional rules such as equity distribution mechanism。During the second distribution,Taking the data and fiscal tax policy as the core,Taxes based on transaction revenue based on the transaction income on the taxation of the tax,Introducing tax preferential policies used by incentive data elements,Explore the taxation of data value based on data value; strengthen public data governance and circulation transactions on the financial side,Establishing the revenue compensation mechanism of the person data source,Balanced supply and demand allocation of unfair issues。When allocating three times,Focusing on promoting common prosperity,Construction of the social version of the National Public Data Open Platform,Encourage enterprises to promote the application of data innovation of the whole society through open sharing,Practice tax exemption or tax slowing policy for the degree of public products and externality of public products and externality of the enterprise,Gradually eliminate digital gap between regions and groups。

"Tickets" are new digital equity vouchers that emerged in the context of the digital economy。It takes the blockchain as the technical basis,Can adjust the relationship between the interests between people,Change the situation that used to monopolize profits by shareholders,Let more consumers、The subject of the data provided by ordinary workers and other data obtains a reasonable income distribution,fully reflects the fairness and peace of the income distribution mechanism。It is combined with digital currency,Use blockchain distributed technology to identify user contributions in data benefits,The data income distribution system that is conducive to building fair and reasonable efficiency。 

  better play the role of data elements 

"China Social Sciences": other than that,What else can promote the role of better use of data elements?

Wu Shenjuo:Open sharing of data is a key point,The most important of which is the open sharing of public data。Effective operation of data open sharing depends on the government's mechanism design,The key is to promote the sharing of government data、Openness of public data and the sharing of data between the government and enterprises。During the construction process of multi -level data factor market,Public data elements play a special value role。It relies on high -quality data resource ecology,Can attract and drive various social subjects into the market to the greatest extent,Give full play to the positive effects of factor guidance and resource allocation,Drives the activation and circulation of other data resources in the society,to improve the overall level of data supply,Promoting the formation of the large -scale data market。

 Longwei Ball:From the perspective of the development of the digital economy,There are many means worthy of use,subject、Property right、Run、Management and interest distribution, there are reasonable promotion mechanism requirements。

You should also pay attention,Digital economy is essentially a leading economy based on new technology。Data basic system construction,It is the domestic development and international competition needs for the digital economy,Based on the new meaning of the digital economy、New features、New opportunities、The overall Bet365 lotto review perspective of the new risk is proposed,The prerequisite for the "data basic system construction is related to the overall national development and security situation",Comprehensive and systematic based on goals and development。So,For the digital economy foundation,In the competitive opportunity period,The role of the government is very critical。For example, in recent years,With the strong investment and support of the government,Full speed speed up,my country has built the largest global scale、Technical leading network infrastructure。As of the end of May 2022,All prefecture -level cities in my country are fully built in optical network cities,Gigabit users exceed 50 million,5G base station reached 1.7 million,5G mobile phone number exceeds 420 million。The construction of the Industrial Internet is also the same,Under government deployment,As of the end of June 2022,Industrial Internet applications have covered 45 national economy categories,Industrial Internet High -quality external network covers more than 300 cities。"Fourteen Five -Year Plan" period,Relevant departments will strengthen key technologies for digital economy,Accelerate the advancement of digital industrialization,Help the high -quality development of the economy and society。These are the foundations and prerequisites for my country's digital economy to take off and the data elements to better play。

 Cai Yuezhou:It is also necessary to build and improve the institutional system related to cross -border data flow and data protection,Configure data resources in a larger range,More full of data as a supporting role in the key element。For this,You need to strengthen communication and coordination with major economies,Actively and actively docking international rules,Effectively balance the relationship between data security and obtaining more data resources。

Editor in charge: Zhang Jing
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