互联互通理念下的中国数据治理研究 − 以企业数据权益保护与开放流通的平衡为视角 −

Abstract

As a new factor of production, data has become one of the five major factors of production. With the continuous innovation of digital technologies such as the Internet, big data, cloud computing, artificial intelligence and blockchain, Promoting the value of data elements has also become the focus of the development of digital economy in various countries. The value of data is released in the flow, and interconnection is an inevitable choice for the development of data marketization. Through the analysis of China 's data governance-related legislation, policies and judicial law enforcement practices, it can be seen that China 's current data governance has two major problems: the imperfect date base system, the imbalance between the protection of the rights and interests of enterprise data and the open circulation, resulting in a certain distance from the real data interconnection. Therefore, we should consolidate the construction of data-related basic system, and balance the rights protection and open circulation of enterprise data: implementing a multi-data property rights system; refining data classification and grading, and determining the boundary of interconnection; establishing a unified legislation of national data market; introducing ex ante regulatory tools; improving regulatory means; refining and improving the ‘anti-monopoly law ‘and’ anti-unfair competition law‘ ; the cooperation and co-governance of multiple subjects to realize the active open circulation of enterprise data, so as to maximize the value of data elements, promote the efficient circulation and use of data, empower the real economy.