中圖分類號：D92.8
文獻標(biāo)識碼：A
DOI:10.19358/j.issn.2097-1788.2023.06.006
引用格式：曹新舒.數(shù)據(jù)“三權(quán)分置”的法律表達［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2023，42（6）：37-41，47.

Legal expression of "separation of three rights" in data

Abstract： In the process of legal expression of data "separation of three rights", the opposition and competition between property right paradigm and behavior regulation paradigm should gradually fade away, and the understanding of the main and auxiliary relationship between them should also be gradually discarded. In order to ensure that major reforms are wellfounded in law, we should establish the hierarchical relationship between property right paradigm and behavior regulation paradigm based on Article 187 of the Civil Code. Under the understanding of this hierarchical relationship, the interpretation of "the right to hold data resources" should focus on the limitation of scope and the specificity of objects, the interpretation of "the right to use data processing" should focus on the scene limitation based on the exchange relationship, and the interpretation of "the right to operate data products" should focus on the function limitation of "connecting with public law obligations".

Key words : data property right; separation of three rights; property right paradigm; behavior regulation paradigm