The lack of the theory of capacities of data property rights leads to the difficulty in clarifying the content of data property rights.In the construction of the data property rights system,it is necessary to clarify the connotation of data property rights from three dimensions:positive capacity of right,negative capacity of right,and capacity restriction.Data property rights possess positive rights such as quasi-possession rights,generalized usage rights,and pricing rights.Data property rights holders can exclude others'unlawful interference through negative rights and safeguard the exercise of the positive rights of data property rights through defensive request rights and return request rights.The ability of data property rights should be subject to legal acts and legal norms.The theory of data property rights can provide beneficial ideas for the development and institutional improvement of data property rights theory in China.
关键词
数据财产权权能/积极权能/消极权能/数据财产权请求权/权能限制
Key words
capacity of data property right/positive capacity of right/negative capacity of right/data property right cause of action/capacity restriction
维普
万方数据