关键词:  , 数据要素市场；数据竞争；数据垄断；包容审慎监管

Abstract: The competition mechanism is one of the key operating mechanisms of the element market, and the construction of a fair and effective data competition order is of great significance to maintaining the sound operation of the data market competition mechanism and promoting the healthy and orderly development of the data element market.The construction of competition order in the data element market shall be carried out from two aspects: safeguarding the rights of market players to obtain data on an equal basis and protecting the rights of market players to participate in the circulation and utilization of data on an equal basis, and attention shall be paid to the balance between market regulation and industry development.In practice, improper data access and blocking occur frequently in China’s data element market, and monopoly agreements in digitization and M&A strangulation in the field of digital economy are prominent, facing the risk of competition disorder.The traditional competition law system has exposed many problems under the new data competition activities, falling into the dilemma of regulation failure and law application difficulty.It is imperative to reflect on and reconstruct the data competition legal system with the basic concept of inclusiveness and prudence, innovate the regulatory concept and analytical paradigm for the competition order of the data element market, reasonably define and regulate data blocking and improper access to data,and optimize the relevant standards and regulatory approaches for monopoly agreements and concentration of data operators to effectively respond to the challenges brought about by the digital economy to the competition legal system.

Key words: data element market, data competition, data monopoly, inclusive and prudential regulation