关键词: 数据资产, 财产化, 刑事司法保护, 权利束, 市场信用

Abstract: The propertilization of data assets has not been paid sufficient attention in judicial practice. The effective property-based protection of data assets within the existing criminal law framework is a top priority. Data asset，in a narrow sense，is big data asset，which refers to the big data resources that can be owned or controlled in digital form by a specified entity，that can be measured in money after data processing，and that can bring direct or indirect economic benefits. Data asset is formed and plays it role when it is taken as a resource，asset，and then commodity. When it is taken as a resource，according to the“right bunch”theory，data collectors should fully respect the legitimate exercise of data producers’rights and interests of personal information. When it is taken as an asset，data asset can take the path of property right protection at the same time，and become the object of property infringement crime. When it is taken as a commodity，it is necessary for the criminal law to fully protect the credit of data trading market. Therefore，the criminal judicial protection of data assets should focus on promoting the effective operation of the criminal compliance system in the process of data resource utilization，solve the component problem of property crime in the capitalization process，and punish the dishonest behavior of relevant parties in the commercialization process.

Key words: data asset, propertilization；criminal justice protection, right bunch, market credit