The rapid development of digital economy in China has created a miracle of economic growth, at the same time, it also raises many legal problems. The economic rule of law is especially prominent. In essence, it involves the identification and attribution of various types of rights and interests related to data, as well as the justification of protection and the appropriateness of protection. China’s current judiciary and legislation pay enough attention to the core issues in the development of digital economy, data confirmation and protection, which provides a good system and operation environment for promoting the development of digital economy. At present, although the existing system design and practice in China, and related theoretical research results show that the relationship and the implementation between data protection and data sharing can be developed in accordance with the logic of private law that is universally applicable, which includes establishing the ownership of each type of data and practicing the private right logic of “behavior-legal interest” judgment based on tort liability law, intellectual property law and anti-unfair competition law. However, the existing research results and legal practice still show a relatively single and solidified state and mode, which fails to flexibly and effectively adapt to the real needs of mass and diversified data circulation and sharing under digital economy.

With the rapid development of Internet platform economy and new business forms, the collection, storage, analysis and use of massive data by platform enterprises have brought challenges to the current legal system of market regulation, including improper collection and excessive collection of user data, and improper or illegal restrictions on the use of data by users and/or third party operators. Therefore, the promotion of data sharing has become the current digital economy in the development process of the urgent response to the practical requirements. To realize data sharing and ensure the synchronization of data protection and data sharing is not only an internal requirement of data operation law, but also an external demand to maintain the high-quality development of digital economy. High level of data protection is the only way to achieve efficient data sharing; at the time of realizing efficient data sharing, the construction of high level of data protection will be continuously stimulated. Therefore, under the guidance of the data sharing principle of “differentiated and equal”, the ownership structure based on “dynamic compatibility rights” is established. Different types of data can carry different subjects’ interest demands, while the same type of data can also carry different subjects’ interest demands. In this way, we can bridge the “high cost, low efficiency” of data sharing brought by the construction of private right model with static exclusive right as the core under the perspective of private law, and even bring the defects of potential anti-competitive risks.