Abstract：

The data property right system is the logical starting point for the entire data infrastructure construction.Transforming the policy language from the Opinions of the CPC Central Committee and the State Council on Establishing a Data Base System to Maximize a Better Role of Data Elements (“Twenty Data Measures”) into legal language is an urgent theoretical challenge to convert the rights on paper into real legal rights in the context of the tripartite allocation of data rights.Drawing inspiration from the marketization path of land production factors,this article proposes that,based on the separation of data ownership and data usufructuary rights,a foundational right centered on data usufructuary right should be established.This foundational right should be incorporated into the theoretical framework of data property rights separation,encompassing data resource holding right,data processing and utilization right,and data product management right as specific manifestations of data usufructuary rights at various stages.This approach forms a path from“separation of two rights”to“tripartite allocation”,facilitating the clarification of the ownership of data property rights.

Keyword：

Data Property Rights; Data Ownership; Data Usufructuary Right; Data Resource Holding Right; Data Processing and Utilization Rights; Data Product Management Right