领域法视域下新型数据财产权的确立与建构OACHSSCD

Data,characterized by its liquidity,replicability,and non-excludability,cannot meet the high originality requirements of intellectual property law,nor is it compatible with the exclusivity inherent in traditional property law.From the perspective of contract law and competition law,transactions without clearly defined rights lack stability,while the passive protection offered by competition law is insufficient to support affirmative rights such as data transfer and collateralization.Attempts to define data property rights within existing branches of law essentially extend rules of the physical world into the digital realm,inevitably revealing inherent limitations.Field law theory provides a new analytical perspective and pathway for addressing the urgent issues of data rights confirmation and protection.Guided by a problem-oriented and multidimensional approach,data property rights can be conceptualized as a novel type of property right unique to the digital domain.Theoretically grounded in the sharing economy,this framework emphasizes that property rights delineation should avoid both the"tragedy of the anticommons"and the"tragedy of the commons",ultimately aiming to promote more efficient data sharing.Methodologically,it adopts the theory of"separating personality and property interests",distinguishing between personal rights and property rights embedded in personal data and allocating them to different subjects,thereby making independent data rights confirmation feasible.In this sense,data property rights represent an evolutionary form of property rights objects.Structurally,this new type of data property right designates enterprises as primary rights holders,with data sets and data products as its objects.Functionally,it is built upon a triadic rights framework-namely,the right to hold data resources,the right to process and use data,and the right to operate data products-while allowing for continuous expansion.It is characterized by multi-subject empowerment and limited exclusivity.The establishment and construction of such data property rights are of significant value in safeguarding fairness and justice in the digital domain,creating institutional space for unlocking data value,and promoting the prosperity and development of the digital economy.