| 英文摘要 |
Data transactions are commercial transactions between equal-footed subjects for the fair exchange of data products, with the purpose of realizing the optimal allocation and utilization of data resources through market adjustment mechanism. In order to solve the problem of incomplete contracts in data transactions, it is necessary to build a well-directed legal regulation scheme with the help of thinking in the way of categorization and criterion. From the perspective of participants, data transactions can be categorized into direct transactions between suppliers and demanders, third-party platform transactions and multilateral closed transactions. From the perspective of change of rights, it can be divided into three trading modes: property transfer, usage license and joint control. Meanwhile, another important task of constructing legal norms is to extract common problems and normative criteria applicable to all data transactions. Among them, the compliance criterion ensures that the transaction is stable and effective, and does not harm the legitimate rights and interests of the state, society or others; the standardization criterion requires the universality of data product formats to reduce transaction costs and improve circulation efficiency; the transparency criterion alleviates information asymmetry through disclosure of transaction information, and truly realizes freedom of contract and fairness of transaction. The above norms are conducive to the implementation and improvement of the data transaction management system, and help the vigorous development of the data transaction market and the soaring of the data economy. |
