关键词: 农村土地数据, 开发利用, 权利归属, 程序机制

Abstract:

The data characteristics and public attributes of rural land data determine that its development and utilization differ from general data, necessitating a re-examination of the subjects, rights protection, and institutional frameworks involved. In the domain of rural land in China, issues such as ambiguous rights attribution, undefined qualifications of development subjects, unclear value orientation, and a lack of procedural norms are increasingly prominent. Taking these realistic dilemmas as a starting point, it is essential to construct a rule of law system for rural land data. This paper provides theoretical and practical foundations for the lawful and orderly development of rural land data elements from institutional and implementation dimensions, by analyzing underlying causes such as the absence of legal regulations, stakeholder imbalances, social cognitive biases, and the lack of procedural mechanisms. Accordingly, the paper proposes: adopting differentiated attribution schemes for different data types; clarifying entry standards and exit mechanisms for development subjects; constructing data usage mechanisms based on the principles of purpose specification, proportionality, and “minimum restriction with maximum promotion” to regulate the interest behaviors of various development subjects; and establishing a whole-process procedural regulatory framework. These measures aim to better safeguard the rights and interests of all parties and contribute to the long-term goal of building a strong agricultural nation

Key words: rural land data, development and utilization, ownership rights, procedural mechanisms