The Generative Logic,Predicament Analysis and Optimization Path of Chinese-style Data Trust
Digital Economy is a new economic form with data resource as the key element,and the element of data is the core engine for furthering the development of digital economy.Data Trust is not an institutional arrangement for protecting personal information or guaranteeing data security,but a new type of data property management mechanism,which is of great practical significance in overcoming obstacles of circulating the element of data,promoting the value creation of data,and improving the market-oriented allocation of the element of data,and enjoys inherent generative logic.There are many predicaments in the theory and practice of data trust in China,such as vague functional orientation,unclear legal attribute of trust property,difficulty in ascertaining the trust-related parties,etc.,which seriously limits the exploration and development of data trust.It is advisable,on the basis of the practical needs of the data-element market and current legal system on trust in China and by adhering to the functional orientation of the data property management based on the transfer of data property,to make clear the legal attribute of the data property rights,to clarify the parties of data trust and establish the Chinese-style data trust system,which is different from that in foreign countries,so as to promote the healthy development of digital economy.
Data TrustProperty ManagementData Property RightsTrust-related PartiesTrust Law