With the development of modern information technology, data has become a basic factor of production alongside land, labor, capital and technology. The basic characteristics of data elements include intangibility, replicability, derivative and so on. The definition of data property rights should be reasonably adapted according to the characteristics of data rather than carrying out in full accordance with traditional concepts and methods. The reason why data can become a basic factor of production is that it has the basic utility of carrying and providing information, acting as a means of production for digital products and as a key element of the digital economy. Through the allocation of data element resources through the market, the allocation of resources can be continuously optimized, so that more resources will be used in an optimized configuration state, the utilization efficiency of resources will be improved, and the supply of market elements can be optimized. From a legal point of view, the market allocation of resources is actually the distribution and combination of resources among different entities through the transaction of rights covering resources. Since the market-oriented allocation of data elements should be realized in the form of data property rights transfer, data property rights are the necessary premise for the market-oriented allocation of data elements, and the arrangement of the data property rights system will directly affect the effect of the market-oriented allocation of data elements. Therefore, in a society ruled by law, the market-oriented allocation of data elements inevitably depends on a sound legal system for data property rights. According to the requirements of the market to allocate resources, the data property rights system should make corresponding data property rights meet the basic requirements of independence, clarity and liquidity. However, due to the particularity of data elements, it is also necessary to fully consider the characteristics of data elements and make reasonable adjustments and adaptations in the arrangement of the data property rights system. In the construction path of the data property rights system, the basic rights structure of the binary structure of the right to data source and the right to use data should be adopted. The right to data sources and the right to use data are the basic rights of the data property rights system. The right to data source is the right enjoyed by the contributor to the original source of the data, and the right to informed consent, the right to maintain the authenticity of the data, the right to exclude the infringement of data use, and the right to participate in the distribution of the proceeds of the use should be stipulated according to the basic interests enjoyed by the data source holder for the data. The right to use data is the right of the right holder to control, development, license and dispose of the data elements in accordance with law, including data control rights, data development rights, data licensing rights, data disposal rights and other specific data rights. The right to use data is the main form of rights for the market-oriented allocation of data elements, so the legal system of data use rights should give the right to use data a high degree of liquidity. For public data property rights, corresponding provisions should be made on the basis of distinguishing between public data without source right subjects and government public data (government data). The government has the right to use public data, but it cannot exercise this right for profit.