In practice,the operation of paid authorization for public data faces the practical dilemma of"difficult authori-zation","difficult operation","difficult supervision"and"difficult revenue"due to the lack of upper-level laws,dis-putes over data ownership,lack of transaction trust mechanisms,and lack of compliance distribution methods,which re-stricts its widespread development.The backdrop of the dilemma is that existing solutions ignore the legal relationship and differences between the public data proprietary rights and the operation of data transaction and the trading of things.The nature of the public data and the characteristics of the data transaction determine that the focus of the legal construction of the public data is not whether the public data proprietary rights have been completed,but how to prevent the users and trustees from abusing the public data.Therefore,the data trust structure based on commercial trust is inherently compati-ble with the public data proprietary license operation.The trustee of the data trust can solve the dilemma of data transac-tion security and establish a transaction trustworthiness mechanism,and the legal features of the trust property can solve the controversy over the data proprietary rights,and the capitalization operation of the trust can promote the establishment of the data public revenue.By issuing special regulations,establishing an operation platform,developing a compliance income distribution plan,and authorizing relevant government departments to establish an operation and supervision sys-tem,we can effectively promote the construction of paid authorization operation mode of public data trust in China,form a large circulation market for public data elements,and achieve the goal of sharing public data dividends with the whole nation.
关键词
公共数据/数据信托/有偿授权运营/共同富裕/数字红利
Key words
public data/data trust/paid authorized operation/common prosperity/digital dividend
维普
万方数据