关键词: 相变, 生产方式, 财产规则, 流动性, 基础设施

Abstract: The current continuous discussions on property rights in the digital age can be basically
divided into two categories. One focuses on the analysis on more specific virtual goods (such as information
content, game equipment, account number, data, virtual currency, etc.) in a concrete context based on the
existing legal framework or concepts, such as the framework of“bundle of rights”or“modular”framework. The
other tries to explain in principles what kind of objects can be better protected by property rules in the digital
age, and what are the constituent elements of such property rules. It is necessary to change the perspective to
raise questions, recognizing that the emergence of a mature property rights system is not a natural outcome of the
statements for empowering what kind of objects or interested parties with property rights, but a result of a mature
external environment for empowerment, which has caused relevant stakeholders to make proposals and promote
the legal confirmation and protection of relevant interests. It is impossible for those property right structures or
property rules that violate the production order to be established in the digital age. Facing the dramatic
adjustments of the mode of production, the property rules, like the legal rules of other sectors, have to shoulder
dual historical missions: one is to“break away”by challenging and shaking offing the traditional system and
allowing factors to flow beyond the existing production process at low cost, and the other is to“establish”by
erecting a new system that reflects particularity in accordance with the requirements of production mode,
renegotiating which elements and interests are allowed for participants to continue to occupy and use, and
delineating boundaries between them.

Key words: phase transformation, mode of production, property rules, flow, infrastructure