Journal of Shanghai University (Social Science Edition) ›› 2024, Vol. 41 ›› Issue (1): 1-13.

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The Promotion of the Rule of Law in the Market-oriented Allocation of Data Factors  —Also on the Design of Twenty Data Measures 

  

  1. School of Law, Nankai University
  • Online:2023-11-15 Published:2024-01-15

Abstract: The degree and level of market-oriented allocation of data factors determine whether the
driving force of data factors can be fully released, which is of great significance for accelerating the
reconstruction, transformation and upgrading of data industrial and value chains. The premise of marketoriented
allocation of data factors is to clarify the ownership of data property rights, its foundation is to build a
unified and open market of data factors, its development path is to build a sound and efficient pricing
mechanism, and its bottom line is to guarantee the safe development of data factors. Although China has made
clear the important position of data as a new production factor, many problems hinder the full realization of
market-oriented allocation of data factors, such as the failure to make clear the ownership of data in relevant
laws, lack of an established unified national market and a clarified pricing mechanism of data factors, and
ambiguities of the boundaries between transaction and supervision in data factor market. Therefore, based on
the characteristics and reality of the data factor market, it is necessary to promote the dynamic ownership of data
with the structural separation system of data property rights, build a unified and open trading mechanism of the
data factor market, clarify the boundaries of data supervision, ensure the safe development of the data factor
market, and realize high-level, high-quality and high-efficient market allocation of data factors.

Key words: market-oriented allocation of data factors, Twenty Data Measures, data ownership, data security, promotion of the rule of law

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