Clarifying the legal nature of data elements is essential for the development and refinement of foundational data systems,which is crucial for the steady advancement of China's digital economy.Academic discussions on the legal attributes of data have primarily led to the formation of various perspectives,including the property attribute theory,intellectual property attribute theory,personality attribute theory,mixed attribute theory,legal interest theory,and the non-right object theory.While these viewpoints hold some merit,they also exhibit certain explanatory shortcomings and are not entirely comprehensive.The traditional theory of property rights objects fails to fully account for the emerging phenomenon of data elements.Considering the unique characteristics of data elements themselves,it is advisable to categorize data elements under the concept of"public goods",and as"public goods",they should also be recognized as a form of public property,constituting the object of data property rights.
data elementsdata attributes"public goods"objects of rightsdata property rights
万方数据
维普
