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数据特性与产权界定
Sou Hu Cai Jing· 2025-10-19 19:55
Core Insights - The article discusses the necessity of defining data property rights in the context of the evolving digital economy, contrasting it with traditional industrial economic theories [2][6] - It highlights the unique characteristics of data, such as externalities, non-competitiveness, and low-cost replication, which challenge existing property rights frameworks [3][4][8] Data Characteristics - Data circulation and usage can lead to complex externalities, including positive externalities that enhance productivity without cost to businesses, and negative externalities like privacy breaches and data monopolies [3] - Data is non-competitive, allowing multiple users to access the same data without diminishing its availability, leading to increasing returns [3] - The cost of replicating data is low, with significant reductions in variable costs due to advancements in digital technology, enabling rapid distribution and storage of information [4] Property Rights Discussion - The article questions the need for property rights in data, suggesting that traditional economic theories may not apply due to data's unique characteristics [4][6] - It emphasizes the importance of exploring data's formation and value addition to understand property rights, rather than relying on outdated industrial economic frameworks [6][7] Data Value Creation - Data transitions from a resource to a valuable element through processes like collection, storage, transmission, and analysis, which are essential for its value realization [7] - The value of data can be enhanced not only through transactions but also within platform ecosystems where data interacts with computational power and algorithms [7][8] Key Research Areas - The article identifies several critical areas for further research, including individual data rights, the structure of rights in data value formation, and the distribution of rights and value among platforms and consumers [8][9] - It raises questions about consumer rights regarding data generated from their activities and the rights of platforms in utilizing this data for value creation [8]
最高人民法院研究室负责人就互联网法院案件管辖司法解释答记者问
Yang Shi Wang· 2025-10-11 02:32
法院管辖,从一般性、传统性网络案件向新类型、前沿、复杂网络案件转变,及时回应人民群众对网络 空间治理和数字经济发展的新需求新期待。 问题2:《规定》施行后,将对当事人诉讼会产生哪些影响? 答:《规定》施行后,相关案件的管辖法院将发生变化。具体而言,对于北京市、杭州市、广州市应当 由基层法院审理的"网络数据权属、侵权、合同纠纷"、"网络个人信息保护、隐私权纠纷"、"网络虚拟 财产权属、侵权、合同纠纷" 、"网络不正当竞争纠纷"四类案件,将由互联网法院集中管辖,当事人应 当向互联网法院提起诉讼;对于原由互联网法院集中管辖的"签订、履行行为均在互联网上完成的金融 借款合同纠纷、小额借款合同纠纷"、"在互联网上首次发表作品的著作权或者邻接权权属纠纷"、"在互 联网上侵害在线发表或者传播作品的著作权或者邻接权而产生的纠纷"、"通过电子商务平台购买的产 品,因存在产品缺陷,侵害他人人身、财产权益而产生的产品责任纠纷",以及网络侵害名誉权、一般 人格权、财产权等传统网络侵权纠纷,将按照民事诉讼法地域管辖标准由三地相关基层法院受理,其中 涉及网络著作权的案件,将根据《最高人民法院关于印发基层人民法院管辖第一审知识产权民事、行 ...
国家数据局:今年将推出数据产权、数字产业集群等十余项政策
Nan Fang Du Shi Bao· 2025-08-28 05:16
Group 1 - The 2025 China International Big Data Industry Expo opened in Guiyang, with the National Development and Reform Commission announcing several industry policies to enhance data infrastructure and optimize the development environment [2] - The National Data Bureau is accelerating the construction of national data infrastructure, with six technical routes being piloted, including trusted data spaces and blockchain [2] - As of July, the total scale of intelligent computing in China reached 780,000 Pflops, ranking second in the world [2] Group 2 - The National Data Bureau has released 70 public data application scenarios to promote the effective use and security of data resources, with over 11,000 data resources, products, and services registered [2] - In the first half of the year, data trading institutions launched 3,328 new data products, a 70% increase year-on-year, with a significant rise in high-quality datasets in the AI sector [3] - By 2024, there will be over 400,000 data enterprises in China, with an industry scale of 5.86 trillion yuan, reflecting a 117% increase since the end of the 13th Five-Year Plan [3]
北交所定期报告20250814:数据产权制度今年将推出,北证指数收跌
Soochow Securities· 2025-08-14 13:06
Capital Market News - The introduction of over 10 new systems, including data property rights, is expected this year, as stated by Liu Liehong, a member of the National Development and Reform Commission and head of the National Data Bureau [6] - The A-share refinancing market has significantly rebounded this year, with the refinancing amount exceeding the total for the previous year by July 31, reflecting policy adjustments and the capital market's precise service to the real economy [7] Industry News - A total of 149 energy storage companies have voiced against industry "involution," with the China Chemical and Physical Power Industry Association initiating a proposal to maintain fair competition and promote healthy development in the energy storage sector [8] - The State Administration for Market Regulation and the Ministry of Industry and Information Technology are seeking public opinions on a draft notice to strengthen the management and supervision of intelligent connected new energy vehicles, emphasizing that combined driving assistance should not be mistaken for autonomous driving [9][10] Market Performance - As of August 14, 2025, the North Exchange 50 Index fell by 1.99%, while the overall A-share market showed mixed results, with the Sci-Tech 50 Index rising by 0.75% and the ChiNext Index declining by 1.08% [11] - The North Exchange consists of 270 constituent stocks with an average market capitalization of 3.085 billion yuan and a trading volume of 27.385 billion yuan, which increased by 2.698 billion yuan compared to the previous trading day [11] Company Announcements - Hefei Gaoke announced that a shareholder holding more than 5% intends to reduce their stake by no more than 1%, with the reduction method being either centralized bidding or block trading [22] - Hongyu Packaging reported total operating revenue of 321 million yuan for the reporting period, a year-on-year increase of 5.54%, with a profit total of 14 million yuan, up 184.69%, and a net profit attributable to shareholders of 12 million yuan, up 147.37% [23][24] - Binhang Technology has signed contracts for the purchase of AI computing servers and graphics cards, with a total contract value of 82.1625 million yuan (including VAT) [25]
最高法发布贯彻落实民营经济促进法指导意见 25条具体举措保障民营经济健康发展
Yang Guang Wang· 2025-08-09 00:57
Core Viewpoint - The Supreme People's Court has issued guidelines to support the development of the private economy in China, proposing 25 specific measures to ensure fair market participation and address financing and payment issues for private enterprises [1][2]. Group 1: Judicial Support for Private Economy - The guidelines emphasize fair competition and the elimination of administrative power abuse that restricts competition, aiming to create an environment where all forms of ownership can equally utilize production factors and receive legal protection [1][2]. - The guidelines include measures to improve administrative litigation processes and correct disproportionate administrative penalties [2]. Group 2: Protection of Property Rights - The guidelines call for strengthened judicial protection of property rights and the proper handling of property involved in legal cases, distinguishing between economic disputes and economic crimes [3]. Group 3: Regulation of Market Practices - The guidelines aim to regulate monopolistic and unfair competition practices, enhance judicial protection for technological innovation, and support the healthy development of emerging industries [2]. - There is a focus on addressing data rights disputes and promoting efficient circulation and trading of data elements, particularly in the context of artificial intelligence [2]. Group 4: Enforcement and Compliance - The guidelines require effective measures to rectify non-compliant enforcement actions, prohibiting excessive or unauthorized seizures of property to minimize disruption to private enterprises [4].
数据要素综合试验区建设首场新闻发布会召开 因地制宜探索特色发展路径
Zheng Quan Ri Bao Wang· 2025-07-25 13:26
Core Viewpoint - The establishment of national data element comprehensive pilot zones is a key strategic deployment to promote the market-oriented allocation of data elements and facilitate the deep integration of the digital economy with the real economy [1][5]. Group 1: Pilot Zone Construction - Ten national data element comprehensive pilot zones will be established in regions such as Beijing, Zhejiang, and Anhui, focusing on nurturing business entities and expanding the data market [1]. - By 2025, 35 key experimental tasks will be promoted in areas such as data property rights and market ecology [1]. - The construction of pilot zones is being actively advanced with high-level promotion and broad mobilization, with local governments prioritizing these initiatives in their work [1][2]. Group 2: Local Adaptation and Focus - Each pilot zone is tailoring its focus based on local resources and industrial development, with Beijing emphasizing the interaction between systems and practices, while Zhejiang is driving technological and industrial innovation in the data field [2]. - Other regions like Shandong, Henan, Guizhou, and Liaoning are exploring market-oriented allocation paths for data elements based on their unique regional characteristics [2]. Group 3: Innovative Practices and Achievements - Various localities have developed annual work priorities and made significant progress in data industry cultivation, with Anhui leading in recognizing provincial data enterprises and data industrial parks [2][3]. - In Shandong, the integration of public data resources has significantly improved the efficiency of the rose industry, doubling the overall industry chain value from 3 billion to 6 billion yuan [3]. - Beijing's public data authorization model has provided services over 400 million times to financial institutions and market entities, while the Beijing International Big Data Exchange has surpassed a transaction scale of 10 billion yuan [4]. Group 4: Policy Innovations - Anhui has pioneered the "data voucher" and "computing power voucher" pilot programs to stimulate data utilization, with nearly 400 million yuan disbursed to support over 200 enterprises [5]. - The pilot zones are expected to explore foundational systems for data property rights, circulation, revenue distribution, and security governance, creating replicable and scalable institutional norms for national data market construction [5].