关键词: 农村土地数据权利, 权利实践类型, 实践参与主体, 实践利益保护

Abstract:

The welfare nature of rural land makes the collection and processing of rural land data different from that of general data, and the exercise and protection of rural land data rights are also different from that of general data rights. The right to rural land data is not a legal right, but based on the current situation where data elements are sweeping through various industries, the interests of multiple subjects are participating in the digital economy and the practice of smart agriculture need to be protected, it is especially necessary to explore the right to rural land data. The typology study of rural land data rights practice is the basis for clarifying whether the right should be legal, and is also the premise for subsequent research on the concept, nature and specific structure of the right. Taking the nature of the subjects involved in the practice of rural land data rights as the entry point for the typological study of rights practice, the basic pattern of rural land data rights practice of multiple subjects is clarified, and the reasons for the different types of rights practice in terms of the intensity of public power intervention, the logic of data generation, and the objects of interest flow are further analyzed, and a typological analysis of the specific practice of rural land data rights is carried out by using this criterion to arrive at the following conclusions. We also take this as a criterion to analyze the specific practices of rural land data rights, and come up with three groups of rights practices: strongly managed rural land data rights and semi-open rural land data rights, native rural land data rights and developmental rural land data rights, and factor-possessed rural land data rights and factor-flowing rural land data rights. Finally, the data classification and grading system, the compensation for relatively weak groups, and the proportionate mechanism of penalties and remedies will be embedded in existing laws such as the Land Management Law and the Agricultural Law, so as to provide protection for the interests corresponding to the different types of rural land data rights practices.

Key words: rural land data rights, types of rights practices, subjects of practice participation, protection of practice interests