中圖分類號：D922.17文獻標(biāo)志碼：ADOI:10.19358/j.issn.2097-1788.2026.01.010 中文引用格式：許茂恒，付顏，李欣洋,等. 數(shù)字經(jīng)濟時代下數(shù)據(jù)權(quán)責(zé)平衡的法律因應(yīng)與規(guī)制進路［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2026，45（1）：64-71. 英文引用格式：Xu Maoheng， Fu Yan，Li Xinyang, et al. Legal response and regulatory approach of data right and responsibility balance in the era of digital economy［J］.Cyber Security and Data Governance，2026，45（1）：64-71.
Legal response and regulatory approach of data right and responsibility balance in the era of digital economy
Xu Maoheng1， Fu Yan2，Li Xinyang3，Ye Yongqing4
1. School of Law, Wuhan University；2. Nanjing Jiangbei New Area People′s Court； 3. Wenzhou People′s Procuratorate；4. Hangzhou Intermediate People′s Court,
Abstract： As a core factor of production in the era of the digital economy, data serves as a crucial driving force for cultivating new quality productive forces. Currently, issues such as the absence of data circulation rules, the spillover of security risks, and disorderly competition have profoundly exposed the conflict of imbalanced rights and responsibilities among data stakeholders. In light of the objective requirements for the development of new quality productive forces, the interest dynamics among diverse stakeholders are increasingly evident. To address this, it is essential to refine the toplevel legal design, drive technological innovation through institutional innovation, and establish a data governance system that balances rights and responsibilities. In this regard, the following steps should be taken: first, data property rights should be established, achieving the goal of defining rights through empowerment; second, the value of personal data should be respected, with attention given to the endowment effect and the creation of a trustworthy environment for data utilization; third, a review mechanism for data processing outcomes should be implemented to mitigate the ethical risks arising from technological applications; and finally, competition policies should be optimized through dynamic and inclusive regulation to promote the goals of equitable rights and responsibilities and shared benefits in data development.
Key words : new quality productive forces; balance of right and responsibility; balance of interests; data; information
