Accelerate the establishment of a data basic system system

At present, my country ’s digital infrastructure is the world’ s leading worldwide, the digital consumer market is the world ’s largest, and the digital industry has grown rapidly. Significant data scale and data application advantages are a solid foundation for developing the digital economy and promoting the construction of digital China. In June 2022, General Secretary Xi Jinping emphasized that when he hosted the 26th meeting of the Central Committee of Comprehensive Deepening the Reform Commission, the construction of data basic systems related to the overall national development and security situation, to maintain national data security, protect personal information and business secrets. Promote the use of data efficiently, empower the real economy, coordinate the promotion of data property rights, circulation transactions, income distribution, and security governance, and accelerate the establishment of a data basic system system. This important discussion has accelerated the establishment of the data basic system system, further releases the value of data element, and activates the potential of data element to indicate the direction.

Data is an important production element in the digital age. The Fourth Plenary Session of the 19th CPC Central Committee pointed out: "Significant production factors such as labor, capital, land, knowledge, technology, management, and data are contributed by market evaluation and determining compensation according to contributions." This is the first time that my country has listed data as a new one. Production factors. The so -called production element refers to the various social resources required to carry out social production and operation activities. It is a prerequisite for the operation and operation of the national economic operation and the production and operation of market entities. From a historical perspective, each stage of human society has its own iconic new production factors, and has become the development of new momentum during that period. At the same time, the importance of different production factors has also shown regular changes. For example, in the agricultural era, land is the first production factors; in the early industrial era, "capital is king"; in the modernization stage of the industrial era, technological innovation is increasingly important; in the digital age, data has become the first production factor. Compared with other production factors, data has endowments such as replication, sharing, and infinite growth, which breaks the restrictions on growth of natural resources. At the same time, data can connect different production factors to achieve double effects, which helps to promote the deep integration of the digital economy and the real economy; the accelerated development of new technologies such as the Internet, cloud computing, and blockchain, so that the data can improve the efficiency of production efficiency. The number of numbers is constantly prominent. As a result, as a new digital economy of economic forms, it has become "using bits and not atoms", and data as a new type of production element has become the basis and key to its development.

Establishing a data property rights system is the prerequisite for cultivating the data factor market. The definition of property rights is the basis for the optimization of resource optimization, but the property rights defined by the data elements are more difficult than defined other production factors. First of all, the main body of interests above data involves issues such as state secrets, business secrets, personal information protection and the right to the public's right to know. Secondly, the easy replication and spread of data make it difficult to internalize its network external effects. Finally, the data factor is different according to the data processing level, and there is a distinction between the original data and the derivative data, and the value of the data at different levels is very different. The more data processing levels, the more complicated the property rights of the data. The relationship between property rights is a global problem. In practice, we generally divide the data into public data, corporate data, and personal data, but the three are actually cross -relationship: public data is data controlled by the public sector. Among them, there are both data about enterprises and personal data; The data held by an enterprise contains a lot of personal data. The 26th meeting of the Central Committee of the Central Committee for Comprehensive Deepening the Reform Commission reviewed and approved the "Opinions on the Establishment of Data Basic Systems to Better the role of data elements", and clearly put forward "establishing data resources holding rights, data processing rights, data product management rights, etc. Divided property operating mechanism. The "data resources holding right", "data processing right", and "data product management right" are the right to use data from the data ownership. Data collection and processing are usually only involved in data use, while data ownership belongs to data primers such as users who are sources. These three new types of rights have worked on the controversy of "who data belongs to", which is conducive to promoting the development and utilization of data resources, and provides a "China Plan" for solving data property issues. On this basis, promote public data, corporate data, and personal data classification and classification to confirm the authorization system, establish the property rights operation mechanism of data resource holdings, data processing rights, and data product management rights The protection system helps to motivate all parties to develop data potential, release data dividends, and promote the development of the digital economy on the basis of effectively protecting national secrets, business secrets and personal information.

The construction of a data circulation trading system is the core link of the data trading market with standardized data trading. Static data, data that cannot be circulated and unable to access, just like the mine that has not been mined, its tacit great value is in a state of being sealed. The value of data is implemented in the utilization. The premise of using is obtaining and accessing data, and the data circulation trading system can allow the data to flow and achieve value in sharing. The venues of data circulation transactions can be divided into concentrated places and decentralized places. The big data exchange or big data trading centers established by my country at present are typical concentrated data circulation venues. It has the characteristics of management specifications, advanced technology, security guarantee, etc. It is worth vigorously guided, actively cultivated, and focused on support. The data circulation trading market is an ecosystem consisting of data suppliers, demand parties, trading venues, and intermediary service agencies. The intermediary service agency not only provides services such as definition of property rights, price assessment, transaction matching, guarantee, insurance, etc., but also can even provide data processing services such as labeling, cleaning, desensitization, and desertification. Develop and strengthen the data intermediary service industry, and establish a standardized and orderly data intermediary service system is an important part of the data circulation trading system, which is conducive to improving the market operation system and improving data transaction efficiency. Building a data factor income distribution system is the key to constructing a standard data trading market. The fair and reasonable income distribution system can give full play to the enthusiasm of the subjects to participate in the digital economy and promote the improvement of the overall welfare of society. On the contrary, the unfair and unreasonable income distribution system will damage the enthusiasm of some subjects, leading to the decline in the overall welfare of society and even the unstable society. The Party Central Committee not only proposed the participation of data as a production factor, but also proposed at the 26th meeting of the Central Committee of the Central Committee to comprehensively deepen the reform committee. It is necessary to "reflect efficiency and promote fairness", which can not only promote the element of data to participate in production activities, stimulate the development momentum of the digital economy, further promote the development and application of big data, accelerate economic development, but also allow the diverse interest subject " "Each", promoting income distribution is more reasonable and orderly, and achieve common prosperity in the development of the digital economy.

The improvement of the data security governance system is the guarantee of maintaining data security and promoting the dynamic balance of the digital economy development. Safety is the prerequisite for development, and development is the guarantee of security. The Fifth Plenary Session of the 19th CPC Central Committee will integrate the development and security of the "Fourteenth Five -Year Plan" period of my country's economic and social development. At present, my country has introduced laws and regulations such as data security law, network security law, personal information protection law, and initially established the basic framework system for network security, data security, and personal information protection, and set up the basic bottom line of data security. The relationship between the development of the digital economy and the security of the data should be dealt with, build a coordinated governance model of the government, enterprises, and society, strictly implement the relevant provisions of the network security law and the personal information protection law, keep the security through the entire process of data governance, keep the bottom line of security, and on the bottom line of security. Under the premise of ensuring security, fully release data potential, and to achieve a dynamic balance of high -level security and high -quality development in the promotion of digital China construction.

(Author: Xu Feng, an associate professor of the Legal Come Research Center of China University of Political Science and Law)

【Edit: Yu Xiao】

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