数据资产登记的理论证成与制度展开OACHSSCD

The need to clarify data ownership,build a trustworthy data circulation environment,and strengthen unified supervision of data assets constitutes the normative foundation for the establishment of a data asset registration system.The registrability of data assets is grounded in the specificity of registration objects,the exclusivity obtained after registration,and the determinability of registration capacity.In addition,national policies,local legislation,and judicial practices have collectively provided guidance for the construction of such a system.Data asset registration represents a new form of property rights registration distinct from traditional real rights and intellectual property regimes.It is,in essence,an administrative act of factual confirmation that verifies pre-existing rights attached to data assets,rather than creating new rights.As such,it should be understood as a novel mechanism for the confirmation and registration of property rights.Registration authorities should be neutral third-party administrative bodies,while eligible applicants include natural persons,legal entities,and unincorporated organizations that have contributed labor to the generation of data assets,lawfully possess them,and exercise control over them.In terms of procedural design,a dual-review model is recommended,combining formal examination by registration authorities with substantive review conducted by third-party institutions.The objects eligible for registration should simultaneously possess electronic,informational,and machine-readable characteristics.Specifically,they include data resources,datasets,and data products that are lawfully obtained,have undergone substantial processing,reached a certain scale,and possess a certain economic value.Based on the dual-review mechanism,data asset registration demonstrates three types of legal effects:constitutive effect,presumptive effect,and public credibility effect.