The Legal Regulation Path of Data Elements Empowering New Quality Productive Forces

In recent times, data has emerged as a new factor of production, influencing both production and management activities. It has become a crucial resource in driving the advancement of new quality productive forces. In the context of new quality productive forces empowered by data elements, some problems about the application of laws have arisen. The scope of identification of new labour as data subjects is unclear: the data format of technical standards of new means of labour is incompatible, and the separation of property right structure of data products as new labour objects is complex. Based on the theories of power to define rights and cross-attribute data, as well as on domestic and foreign judicial precedents and management norms, the legal positioning of the "legal fiction" as the data subject qualification, the clarification principle of data classification and grading, and "separation of two rights" and "tripartite allocation" of data property rights are formed. In light of the limitations imposed by the new three elements of new quality productive forces on the application of law, this research puts forward a proposal for the establishment of a data subject and the allocation of rights and interests, seeks to the compatibility norms of data formats of technical standards, and proposes an improved path of laws for the separation of the property structure of data products.