The legislation of data factors market should start from the study and clarification of the special characteristics and safe utilization of the data factors, with the comparative analysis to the real property, chattel, intangible assets which are relatively clearly regulated by the current laws, formulate the systematic framework and legislation paradigm which would best fit the China characteristic environment and systems. As the new type of the production factors, data is quite different from the real property, chattel, and intangible assets in the physical form, uniqueness, laws regulation, rights certification, infringement, technology support and transform mode. The data factors market need to be systematically planed and designed in the rules, incentive mechanism, safe utilization and long-run development from the economics prospective. As a complex social systematic engineering subject, the development of data factors market should apply with an comprehensive view to consider the interaction and inter-affection from not only the legal causes, but also the technology, economic and business causes and adopt basic routine of the socialist system of laws with Chinese characteristics——“focus on the current issues-guided with principle policy-explore on the local legislation- regulate by administrative law-conclude to the law”.