Improve the data element market legal mechanism
April 04, 2023 09:37 Source: "China Social Sciences" April 4, 2023 Issue 2624 Author: Chen Bing

With the innovative development and deep fusion of information and communication technology and digital data technology,Data elements have become an important innovative production element,is the key to promoting the innovation of all -element innovation in the digital economy。Especially after the new crown epidemic,New economy represented by the digital economy、New Industry、New mode,is precise epidemic prevention、Optimize people's livelihood、Creation employment, etc., played a positive role,Its core key element data and related technologies are in it,Its economic and social value is constantly prominent。In this context,Release massive data sharing and share value,Activated data element innovation potential,The key to building a new advantage of the country。

"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 ") clearly proposed,It is necessary to promote the use of data compliance with efficient circulation、Empowering the real economy is the main line,Data property right、circulation transaction、Income allocation、Safety governance as the point,Deeply participate in the formulation of international high -standard digital rules,Build adaptation data features、Follow the laws of digital economy development、Guarantee national data security、Data basic system led by innovation,Fully realize the value of data element、Promote the dividends bet365 Play online games of the development of the digital economy for all people,To deepen innovation drive、Promote high -quality development、Promoting the modernization of the national governance system and governance capacity provides strong support。

Current,my country's current basic laws have not yet favored data types、Data equity ownership, etc., clearly specify,Data property rights system design is incomplete,It is difficult to effectively solve the data rights and interest disputes in practice。Because the data itself is replicated、can be shared、Non -competitiveness and use of weighted attributes and other features,The same data may be consumer at the same time、Operator、The government and other diverse subject holds,Not only is it difficult to clarify the actual belonging of data rights and interests,Not conducive to the circulation and sharing of data,And it is difficult to achieve the advantages of continuous value -added in use,suppress the release of data sharing and share value。At the same time,my country has not formed a unified national data trading market,Lack of relatively mature data factor income distribution mechanisms,Data collection、Processing and other data processors' labor payments and income rights failed to be effective institutional guarantee,So that the enthusiasm of some data subject sharing and transaction data resources is not high,This hinders the free circulation and efficient configuration of data elements in the market。

The above problems have become an institutional obstacle to restrict my country's data element value release,Side reflects the urgency and necessity of the construction of the data basic system,Bet365 app download Unexpectedly to improve the data factor market legal guarantee mechanism,The data property system that is tightly focused on the "Opinions"、Data elements circulation and trading system、Data elements benefits distribution system、Four systems including data element governance system,Provide legal support for the establishment of a data factor market system that adapts to the advantages of my country's system。

First,To establish protection rights and interests、Data dynamic property rights system used compliant。Open sharing is becoming a trend of the healthy development of the digital platform,Data as its important basic element,Physical form is different from tangible objects,It has virtuality、replication、can be shared、Non -consuming attributes。Current,Static protection paradigm issued by private law,Objectively increasing the institutional cost of data element circulation,Not conducive to the further circulation and sharing of data elements。

For this,The data dynamic property right system must be established through legislation,According to the law of data activity,Purpose and phase value requirements in combination with data activity,Clarify the correspondence between the positioning of the data and the rights and interests of various data subjects in digital economy activities,Reasonable configuration of various equity ownership of data in the economic cycle of data; clarify public data、Corporate data、Personal (information) data and other multi -type data dynamic attribution mechanisms and equity distribution rules,Make data -related right holders can harmonize data rights,Fully release data kinetic energy,Realize the coordination of data bet365 live casino games factor protection rights and compliance use。

2,Establish compliance efficiency、Data elements circulation and trading system combined with inside and outside the field。Current,Beijing、Shanghai、Guangzhou、Shenzhen、Tianjin、Jiangsu and other regions has begun to build a data trading center,However, there is still a lack of coordination in the construction process、Incomplete regulatory system and other problems,There is a larger data security risk in large data。For this,It is necessary to lead the central government to establish a national unified and standardized data trading platform,and provide interfaces for local data trading centers,Play the physical barrier of the local data trading center,Channel of the circulation and transaction of unblocked data elements。

At the same time,The orderly operation of the national data trading platform must be regulated by legislation,Clarify the responsibilities and operating mechanism of the data trading platform。On the one hand,Data security trading specifications require data classification classification protection system and dynamic property rights system,Determine the data range of transactionable transactions,and the security standards that data transactions should meet。On the other hand,To improve the data element pricing evaluation system,Evaluate data value through the data trading center system,According to the degree of data processing and market supply demand,Evaluate the data value in accordance with the unified standard。At the same time,It is also necessary to improve the data outbound security assessment system,Give full play to the role of its pre -supervision。Data processors who need bet365 Play online games to provide data to overseas due to business needs and meet the application of data outbound security assessment,It shall be in accordance with the "Measures for Evaluation of Data Outbound",Focus on evaluating data outbound activities may be for national security、Public interest、Personal or organization's risk brought by the legitimate rights and interests,Adhere to the combination of advance evaluation and continuous supervision、Combination of risk self -assessment and safety assessment,Prevent data cross -border flow security risk。

third,Establish reflection efficiency、Promoting fair data factors income distribution system。Current,Data elements are related to the development of the country、Corporate Innovation、Key production elements of consumer benefits,To promote the high -quality development and common prosperity of the digital platform economy,It is also necessary to clarify the three -level income distribution mechanism of data elements through legislation。In the first distribution phase of the data element,You need to follow "Who invested、Who contributes、Contribution from market evaluation,Contribution from market evaluation、Distribution of data benefits according to contributions,To fully strengthen the incentive orientation of data -based value creation。During the distribution phase of bet365 Play online games the data element,Need to give full play to the guidance adjustment effect of the government in the distribution of data factor income,Focus on the principle of fairness,Especially to adjust the data income gap between large platform companies and small and medium -sized enterprises,Prevent the market from polarization。In the third distribution phase of the data element,Need to actively participate in all subjects in the society。Platform companies with a large amount of data resources, especially large platform companies, should bear more social responsibility,Open part of data resources to small and medium -sized enterprises and society。

Fourth,Create safe and controllable、Elastic and inclusive data element governance system。To create a safe and credible、tolerance innovation、Fair and open、Regulatory data factor market environment,It is necessary to build a data classification and governance mechanism through legislation。In order to take into account the requirements of the industry's particularity and system unity,It is recommended to use the governance scheme of "data classification basics set by national statutory+data sequel set by the industry",Set the basic classification of data through the law,Data basic classification subsets set by the law,Different industries can pass through industry regulations,According to the characteristics of the industry and business,Further subdivision of the data type。Data grading can be tampered with the value of data to the main body of data rights and data based on data.、Destruction and other levels of harm to the main body of the data。

Improve the data factor market legal guarantee mechanism,Provide legal foundation and guarantee for the construction of the data basic system,It helps to further promote the implementation of the unified legal system of the data element market,Accelerate the cultivation of data element market,Protecting the legal property rights and interests of the market subject,Promote the construction of data、Processing、Share、Open、Transaction、Application Bet365 lotto review and other data element market system,Promoting the orderly data resources、High -efficiency flow and use,Fully release data sharing and share value。

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Editor in charge: Zhang Jing
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