Under the goal of carbon peak and carbon neutralization in China, the orderly operation of carbon market has become an important way to reduce emissions by economic tools. China has issued Measures for the Administration of Carbon Emissions Trading (for Trial Implementation), and defined carbon emission rights as the carbon emission quota allocated to key GHG emitters in the specified period. In view of the definition of the attribute of carbon emission right, the quasi real right theory, usufructuary right theory and regulation right theory in academic circles are difficult to explain and practice well. The existence form of carbon emission rights in the secondary market transaction process is data, and the resulting monetary value determines its legal attribute of new property rights. In the theoretical system of rights, we should define carbon emission rights as “data property rights”, clarify their benefits as data property in the trading process, clarify the relationship between “carbon emission rights” and “carbon quotas”, realize the ecological and property interests of carbon emission rights as “data property rights”, and meet the value demands of climate justice under the carbon emission trading.