論企業大數據財產權私法構建的數盡其用原則

The Principle of Maximizing the Use of Data in the Private Law Construction of Corporate Big Data Property Rights

為了適應數字經濟的發展，需要構建企業大數據新型財產權制度來促進和保護企業大數據生產要素價值的形成與釋放。為此，應確立數盡其用的基本原則。該原則的確立前提是將企業大數據財產權確權為一種獨立的、新型的私有財產權。數盡其用原則能夠有效釋放企業大數據生產要素價值，並與當代財產權制度強化財產利用的發展趨勢相契合，具有充分的正當性基礎。該原則強調對企業大數據的充分利用及其生產要素的價值化實現，並貫穿於企業大數據生產與利用過程的始終。該原則的實現依賴於企業大數據財產權多項具體制度。對該原則也需要基於多方面的考量予以必要限制。

The underlying logic of the construction of corporate big data property rights in private law lies in adapting to the development of the digital economy, with the aim of establishing a new type of corporate big data property rights system. This system would promote the production and utilization of the value of corporate big data as a production factor, thereby realizing and protecting the data rights of both its producers and users. To achieve this, it is necessary to establish the principle of ''maximizing the use of data'' as one of the fundamental principles of the construction of these property rights in private law. To fulfill the objectives of this principle, the term ''data'' in '' maximizing the use of data'' should be specifically defined as corporate big data'', rather than broadly as corporate data or business data. Since corporate big data is a new type of property right object that has emerged in response to the needs of the digital economy, existing private property rights confirmation models are inadequate to meet the conditions required for its confirmation. Therefore, an innovative model different from the traditional private property rights system should be adopted for the confirmation of corporate big data property rights, and these rights should be confirmed as an independent and new type of private property right. This is the prerequisite for establishing the principle of maximizing the use of data. The establishment of this principle has a strong justification: it meets the needs of digital economy development, aligns with the development laws of the digital economy, is a necessary requirement for unlocking the production factor value of corporate big data, and is consistent with the intangible, replicable, and reusable characteristics of corporate big data. Furthermore, it aligns with the contemporary trend of strengthening the utilization of property rights within property rights systems. The inherent meaning of the principle of ''maximizing the use of data'' emphasizes and highlights the full utilization of corporate big data and the realization of its value as a production factor. It requires the integration and application of corporate big data as a production factor into the enterprise's production and business activities, fully releasing the value of corporate big data as a production factor to achieve its economic value or to preserve and increase its economic value. The establishment of the principle of ''maximizing the use of data'' should be placed within the framework of the private law construction of corporate big data property rights. Its realization depends on various mechanisms for implementing corporate big data publicly rights, such as establishing a model for sharing corporate big data rights; distinguishing whether corporate big data is publicly available and treating it accordingly, constructing a system of producer rights and user rights for corporate big data, establishing a reasonable use system for publicly available corporate big data, and constructing a parallel development and utilization system for third parties concerning corporate big data. Although the principle of ''maximizing the use of data'' is intended to promote and achieve the full utilization of corporate big data, it is also necessary to impose necessary restrictions on this principle based on statutory or legitimate reasons during its establishment and implementation. These restrictions mainly include those based on the protection of personal information as the source of data, those based on the basic principles of China's Civil Code, those given to prioritize the protection of national interests and public interests, or to balance the interests of different entities involved in corporate big data and those based on the need for anti-unfair competition and anti-monopoly regulations in corporate big data market activities.