- 期刊
Research on Influencing Factors of Economic Compensation Amount in Enterprise Data Disputes -- Statistical Analysis based on 297 Judgment Documents
摘要
Economic compensation is one of the most common remedies in the judicial field. It is of great significance to clarify the influencing factors of the amount of economic compensation in related cases for enriching the way of determining the amount of compensation in enterprise data infringement cases and solving the problem of lack of operability in determining the amount. Taking 297 cases of enterprise data disputes in China from 2010 to 2020 as samples, through econometric analysis, it is found that the amount of economic compensation in enterprise data disputes will be significantly affected by the amount of the litigant's claim, the behavior type of the infringer, the behavior purpose of the infringer, the data type and other factors. In the follow-up work, we should clarify the discretionary factors affecting the amount of compensation, reasonably define the ownership of data, and implement the data development and data governance policies with regional characteristics, so as to achieve the fairness and efficiency of dispute resolution.