关键词: 数据财产, 权益区分, 数据要素, 数据财产权, 数据财产利益

Abstract: As the institutional basis of data property rights，the existing data classification methods of China can hardly reflect the differences in the methods and degrees of data protection. The classified protection of data property should be based on the distinction of data rights and interests. Firstly，data as the object of property rights should meet specific conditions，and it is significantly different from data property interests in terms of protection methods and degrees. Secondly，data existing in the form of elements cannot be protected by the protection method of property rights；while the protection method applicable to property interests can accommodate the protection needs of different types of data and is more in line with the characteristics of data as object. Finally，in the process of protecting data property interests，the legitimacy of rights protection should be examined as a key point，on which basis，it can be further classified as disputes over data rights of improper acquisition and improper utilization.

Key words: data property, equity distinction, data element, data property rights, data property interests