The Legal Attributes of Electronic Data and the Positioning of Data in Civil Law
February 21, 2019 14:26 Source: Social Sciences in China Press Author: Mei XIaying

mei xiaying

SCHOOL of Law, University of International Business and Economics

 bet365 live casino games There is little functional research in civil last. W. Existing Judgments on Online Civil Disputes and Current the Research Have Tended to Process Electronic Data AN Object or Property in ISOLATION. But Electronic Data Is Not Specific and Independent; It Do Does Not Fall Under Intangibles, NOR Can It Be Classified as an Object with Civil Rights Content., And Trading in Data is constrained by its information content. Moreover, The Realization of its value is deferable on data security and self-control, So it cannot easily be regarded as propro. SINCE ELECTRONIC DATA Is Not An Object, Contracts for Big Data Transactions Can Readily Be DEFINED As Data Service Contracts, But Given The UncertaultY of the Entity in Question, The problem of Externalities and the lack of a monopoly, It is not easy to realize data rights. Electronic data has the essential chaper of instrUMental neutrality, And the Limits to the Law ’s Imposition on it of regulatory fun. tual, USEd Respectively As General Tort Remedy and as Tort Remedy for Infringement of Laws Protecting Others.

 Keywords: data, Legal Attributes, Property, Object

Editor in charge: Cui Cen
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