Abstract: In order to solve the problemsin the process of marketization of data elements,such as the difficulty of complete deli-very of data,the difficulty of fair division of data property rights,and thesuperiority of enterprises in the game between indivi-duals and enterprises,this paper proposes the concept of data utilization to get rid of the restriction of traditional property rights concept,andmakes the trading system better adapt to the general characteristics ofthe data market.At the same time,the evolutionary game analysis of economics is used to transform the direct distribution of data revenue into rational individual and enterprise mutual trial and error,and to explore the group advantage strategies that tend to converge under different conditions,so as to realize the fairness of distribution and the “Kaldor-Hicks efficiency”.Finally,the weight formula of the proportionality principle injustice is introduced to make the judicial trial computable,programmable and controllable.Algorithm analysis and si-mulation experiments prove that the game framework can well realize market equilibrium under realistic conditions,and find the convergence characteristics and convergence speeds under different W_ij conditions,providing an important quantitative analysis tool for judicial practice.

Key words: Computational law, Evolution game, Mechanism design, Proportionality principle, Robert alexy, Usufruct of data exploitation