论企业大数据财产权私法构建的数尽其用原则

The Principle of Maximizing the Use of Data in the Private Law Construction of Corporate Big Data Property Rights

为了适应数字经济的发展,需要构建企业大数据新型财产权制度来促进和保护企业大数据生产要素价值的形成与释放。为此,应确立数尽其用的基本原则。该原则的确立前提是将企业大数据财产权确权为一种独立的、新型的私有财产权。数尽其用原则能够有效释放企业大数据生产要素价值,并与当代财产权制度强化财产利用的发展趋势相契合,具有充分的正当性基础。该原则强调对企业大数据的充分利用及其生产要素的价值化实现,并贯穿于企业大数据生产与利用过程的始终。该原则的实现依赖于企业大数据财产权多项具体制度。对该原则也需要基于多方面的考量予以必要限制。

The underlying logic of the construction of corporate big data property rights in private law lies in adapting to the development of the digital economy,with the aim of establishing a new type of corporate big data property rights system.This system would promote the production and utilization of the value of corporate big data as a production factor,thereby realizing and protecting the data rights of both its producers and users.To achieve this,it is necessary to establish the principle of"maximizing the use of data"'as one of the fundamental principles of the construction of these property rights in private law.To fulfill the objectives of this principle,the term"data"in"maximizing the use of data"should be specifically defined as"corporate big data",rather than broadly as corporate data or business data.Since corporate big data is a new type of property right object that has emerged in response to the needs of the digital economy,existing private property rights confirmation models are inadequate to meet the conditions required for its confirmation.Therefore,an innovative model different from the traditional private property rights system should be adopted for the confirmation of corporate big data property rights,and these rights should be confirmed as an independent and new type of private property right.This is the prerequisite for establishing the principle of maximizing the use of data.The establishment of this principle has a strong justification:it meets the needs of digital economy development,aligns with the development laws of the digital economy,is a necessary requirement for unlocking the production factor value of corporate big data,and is consistent with the intangible,replicable,and reusable characteristics of corporate big data.Furthermore,it aligns with the contemporary trend of strengthening the utilization of property rights within property rights systems.The inherent meaning of the principle of"maximizing the use of data"emphasizes and highlights the full utilization of corporate big data and the realization of its value as a production factor.It requires the integration and application of corporate big data as a production factor into the enterprise's production and business activities,fully releasing the value of corporate big data as a production factor to achieve its economic value or to preserve and increase its economic value.The establishment of the principle of"maximizing the use of data"should be placed within the framework of the private law construction of corporate big data property rights.Its realization depends on various mechanisms for implementing corporate big data property rights,such as establishing a model for sharing corporate big data rights;distinguishing whether corporate big data is publicly available and treating it accordingly,constructing a system of producer rights and user rights for corporate big data,establishing a reasonable use system for publicly available corporate big data,and constructing a parallel development and utilization system for third parties concerning corporate big data.Although the principle of"maximizing the use of data"is intended to promote and achieve the full utilization of corporate big data,it is also necessary to impose necessary restrictions on this principle based on statutory or legitimate reasons during its establishment and implementation.These restrictions mainly include those based on the protection of personal information as the source of data,those based on the basic principles of China's Civil Code,those given to prioritize the protection of national interests and public interests,or to balance the interests of different entities involved in corporate big data and those based on the need for anti-unfair competition and antimonopoly regulations in corporate big data market activities.