| 英文摘要 |
As a key factor of production in the digital economy era, the realization of data's value depends on its circulation and utilization, with its institutional foundation rooted in the inclusive rather than the exclusive of data rights and interests. The inclusion in data rights and interests serves as the fundamental logic driving the digital economy, aiming to promote the open sharing, circulation, and transaction of data through legal and technical means. Although academic circles have disputes over data rights confirmation, the Inclusion in Data Rights and Interests is a common factor in various theoretical perspectives, with the shared goal of promoting the production, utilization, and circulation of data. The theoretical foundation of the inclusion in data rights and interests stems from: at the macro level, legal value pluralism as its philosophical basis; at the meso level, the human flourishing theory of property as its social objective; and at the micro level, the non-rivalrous nature of data as its technological support. Its practical value is reflected in reducing the cost of data usage, enhancing data utilization efficiency, fostering innovation, and curbing data monopolies. Based on the binary classification of raw data and derived data, differentiated approaches should be adopted for data rights and interests inclusion: raw data should achieve orderly inclusion through mandated openness, non-allocation of rights (legal inclusion), and trusted data spaces; derived data should achieve limited inclusion through separation of property rights (legal inclusion), contractual sharing (voluntary inclusion), and diversified sharing technologies. |
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