中图分类号： F490 文献标识码： A DOI：10.16157/j.issn.0258-7998.222663 中文引用格式： 林梓瀚，魏伟，施妤，等. 论我国数据要素市场化配置立法困境与进路[J].电子技术应用，2022，48(5)：1-6. 英文引用格式： Lin Zihan，Wei Wei，Shi Yu，et al. Legislation dilemma and approach of market-oriented allocation of data elements in China[J].Application of Electronic Technique，2022，48(5)：1-6.
Legislation dilemma and approach of market-oriented allocation of data elements in China
Lin Zihan1，Wei Wei1，Shi Yu1，Fan Guohao2
1.China Electronic System Technology Co.，Ltd.，Beijing 100036；2.China Electronics Corporation，Beijing 100089，China
Abstract： Nowadays, the amount of global data is showing explosive growth, and the flow and resource attributes of data are continuously enhanced. China has issued a number of important documents to promote the flow of data elements and construct a data element market system. However, the existing legal system in China has the problem of insufficient adaptation, which leads to the need to further improve the data ownership in the process of market-oriented allocation of data elements. In addition, it is difficult to clearly define the ownership of data. The regions such as Shenzhen, Shanghai, Guangdong, Wenzhou and so on may explore the protection of data rights and interests in the form of legislation, or give priority to solving the problem of clarifying the ownership of property rights data in the form of asset certificates, so as to release the potential of data. However, to completely solve the current ownership dilemma cannot be achieved overnight. Drawing on the legislative experience of land, labor, technology and capital, the future path of data legislation is proposed to mainly create new legal rights for data, and even explore the creation of new departmental laws for data.