Data security has become a key issue in the development of digital economy in China.In the existing theories,both the behavior regulation theory and the classified protection theory have their institutional defects,which make it difficult to meet the dual needs of data utilization and data protection.The existing data property rights theories and their criticisms either ignore various possibilities in the structure of data property rights,or misunderstand the exclusiveness,the sharing nature and the circulation potential of data to varying degrees,which poses challenges for complying with the development strategy of China's digital economy.The construction of data property rights should be premised on the clear division of data rights and interests,deter-mined by data types and objective risks,and be mainly designed according to the hierarchical rules in order to build a data rights system with clear ownership.
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