Research on the Judicial Dilemma and Improvement Path of Private Law Regulation in Data Circulation

Abstract

Against the backdrop of the rapid development of the digital economy, data, as a new type of production factor, its circulation efficiency is directly related to the high-quality development of the digital industry. Private law, as the core field of data circulation regulation, undertakes the important functions of defining data rights and interests, regulating transaction behaviors, and resolving civil disputes. However, at present, the private law regulation of data circulation in China is facing practical difficulties such as ambiguous rights and interests definition, lack of transaction rules, and inconsistent judicial judgment standards, which leads to the obstruction of data circulation and the difficulty in fully protecting the rights and interests of the subjects. This article, in combination with the guiding cases on the judicial protection of data rights and interests issued by the Supreme People's Court, sorts out the current norms and judicial practice problems of private law regulation of data circulation, and draws on the allocation ideas of residual control rights in the theory of incomplete contracts. From the three dimensions of hierarchical definition of rights and interests, improvement of transaction rules, and unification of judicial judgments, it proposes the improvement path of private law regulation of data circulation, providing legal support for promoting the legal and orderly circulation of data and ensuring the healthy development of the digital economy.