Binary recursive zodiac code of digital law
October 09, 2019 08:51 Source: "China Social Sciences" October 9, 2019, Total No. 1789 Author: Xu Juan

Article 111 of the General Principles of the Civil Law,"The personal information of natural persons is protected by law。Any organization or individual needs to obtain personal information of others,It should be obtained according to law and ensure information security,No illegal collection、Use、Processing、Transfer personal information of others,No illegal buying and selling、Provide or disclose personal information of others "。Article 127 of the General Principles of Civil Law,"Legal to data、The protection of online virtual property is specified,According to its regulations "。From the above two provisions,Legislators have proposed in accordance with the law ... not illegal ...。Single civil law interpretation is difficult to deal with the overall needs of digital law content and system,This article provides a standardized interpretation of the legal symbolism of digital legal content and system construction。

Legal/illegal code is the basic rune code of the law,Interpreter can extract legal/illegal rune code from legal text,Effective organizational civil rights law gradually recursive to electronic data civil behavior law、Electronic data administrative behavior method and even smart behavior,Help data law from the burden of interpretation of heavy rights and subtle responsibilities,Leave time to the historical process of data evolution,Waiting for the specific empowerment personal information,Waiting for the specific stipulated data infringement liability。Many years of hard work at home and abroad,It has proved that the existing person's rights law、Social Responsibility Law and other laws can evolve to solve problems,bet365 Play online games Although it is not enough to fully cope with the complexity of data law,But the legal/illegal rune code is more conducive to simplifying the content and system of data law than rights/responsibility categories,We transform the code of data law from the scope of rights/responsibilities to legal/illegal recursive zodiac。

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Even if the rights law is raised, endless rights,Still cannot exhaust the target of data law; the liability law no matter what the cause and effect of the linity is issued,Social conditions that cannot be changed in vowed。Digital legal legal/illegal binary code can solve value theory、Method Theory、This body theory、Mentor of the recursive level of ontology。The first level is based on the reflection of the material in the consciousness,Digital Law Statement How to reflect the meaning of digital law,Digital legal axiom is human dignity,The dignity coding of people must be entered into the legal review。The second level is consciousness and thinking,The object of digital law is not thinking,How do the subject think? Which subjects are involved in the thinking activities of digital law?,and the between the subject depends on the interaction behavior of the participants。The third level is the relationship between thinking and existence,Thinking through the carrier of digital legal language,Digital Law subject theory is rights theory,Objectism can be behavioral theory,It can also be obligation theory,If the rights theory is not connected to the behavior,Protection of rights theory is not enough,Legal behavior constitutes the effective requirements of civil legal acts and administrative legal acts,illegal exclusion as a decision on the correction of digital law as an effective element。

Whether it is humanism or scientific and technologicalism,Only the empire of digital bet365 Play online games law can only be established from the legal/illegal recursive zodiac code。This infinite recursive legal coding can help digital legal science and humanistic effective connection,Through legal standards,Examine the two directions of humanities and technology,Incorporate technical standards into scientific and technologicalism,Increase the people's good life standards into humanism,A recursive calculation equation is formed between the two。As far as civil law is concerned,Under the condition of lack of personality and property protection,By phenomena by bypassing the material world and the world of thinking,The subjectivity of the real world through behavior。Heidegger did the last fight,Use this to cut the dual -phenomenon material world with the binary code。Luman also constructs a legal/illegal.,Help us from tangible/invisible、Copy/cannot be copied、Object/subject、Public/individual、Create/overlap、Public/Secret Information of the Secret Information Extract the confirmation standard,Integrate predictiveness and calculation method for the legal/illegal binary rune code,The great invention of humanities and technology of the legal system of the digital era。

More practical contribution is,Legal/illegal code is QR code,Through two -dimensional legal coding,It can avoid subject rights、Division of the two elephants in the right of object rights。Operating behavior through digital legal,Two -dimensional rune relationship items with technology,The technical standards are absorbed into the legal legitimacy standard,Technical standards will eventually be detected by national legal/illegal rune code。In fact,The legal/illegal recursive code used in Article 111 of the General Principles of the Civil Law,Avoid the information market failure、Information Paradox、bet365 best casino games Information Chaos Trinity Seminical Recognition Dilemma,Tuchang is a legal recognition criterion for simplified and maternal use of two -dimensional language theory,Show rich and specific justice during the exercise of information behavior。

 Build a digital behavior law system with information legal behavior

Digital Law Legal/illegal Classification in the process of information legal behavior to establish information behavior legal standards。Different from biometrics and operator recognition behaviors,The subjective transformation into information behavior classification recognition,Divided into identification of biological information and non -sensitive information for collection and storage。Information behavior is divided into subject information behavior and object information behavior,The main information behavior refers to the right of consent、Delete right、Legal behavior of withdrawal right, etc.; Object information behavior is the ownership of the index file、Operators' information operation rights、Asset rights、Transaction rights、Continuously relaxed property law operation behavior with benefits。Biometric information is a personal main information behavior,Personal main information can be converted into property responsibility relief,As long as the four elements of the liability of the infringement law are satisfied,Protecting the rules of liability for infringing biometric information behavior,But the request for personal proof of infringing is high。

A set of changes in information behavior shows different information law legislative forms in different fields,and are all in the unity of civil legal acts,Related rights to extend privacy、Extension of information self -determination related to self -decision rights of privacy。The rights related to things extend bet365 Play online games the dynamic information behavior,Including property rights、A bunch of civil legal behavior of claimization。Privacy rights、The infringement liability is placed under the framework of the civil legal behavior system for unified protection,Unified property rules and responsibility rules in civil legal behavior plans,It is a practice of behavioralism。Dual attributes based on subject information and object information,Tangible objects and intangible intellectual results cannot meet the needs of the right to personal information。The German Code of the German Civil Code uses the rights object as the basis for the operation of the entire right,and object、Behavioral and intellectual results as rights that are rights that cannot meet the liquidity of personal information,Since the information is flowing,Configuration information according to rights object,Classified regulations,There will be an incredible phenomenon,Can only be classified according to a dynamic legal/illegal information behavior。

  Build a digital law system that integrates public and private law with binary recursive programming standards

The legal/illegal coding of information collection behavior is effective for legal behavior,Legal/illegal standards help the public and private law to obtain consensus with the facts of the facts,Help to liberate the category of the Civil Bank's cross -class category that cannot be comprehensive after the classification of the Civil Bank。If big data platform companies cannot embed privacy in information behavior in accordance with industry standards,The judge found a violation of the privacy shield or the information pool standard during the legal review,From the perspective of civil cases,Legality of not in line with civil legal behavior,From the perspective of administrative cases,Not Bet365 lotto review in line with the rules of administrative behavior。No matter which area it is handed over to,Its professional tanks are judged in accordance with legal/illegal standards,Case judgment meets the same standard of classification。

Under legal/illegal encoding,The public and private law is unified in the encoding system confirmed by the law,Personal information law is different from general civil rights and civil legal behaviors.,It is not enough to rely on the protection of private law,It must also seek protection of public law、Protection of Social Law。Therefore, in personal information legislation, the relationship between the public and private law must be handled,At present, the rights settings of civil law scholars,It is difficult to meet the needs of the information law that is protected by the public and private law.。In the public space organized by data,Self -organization and re -organized public personality and their public objects、Vision of public behavior,The space has been separated into different protected fields,Establish a based on civil law,Keep public law as protection,Personal information legislation based on social law。Personal information legislation is not a private item that can be accommodated by a civil law professional slot,This needs to be based on the concept of traditional civil law,It is necessary to break through the concept of traditional civil law,Forms a concept system that connects the public and private law,Establish a balance mechanism for the exercise of personal information rights under this concept system,Promoting the balanced development of digital law in various regions,Legal/illegal codes can be taken in different regions,Forms legal/illegal legal standards。

To sum up,Binary Character code is the philosophy of digital law、Digital Behavior Method、The basic elements of the three Bet365 lotto review major contents and systems of the digital region law,Legal/illegal evolution is/non -、reason/potential、Number/a few、Infinite recursive binary code,This type of code is used as an evaluation element、Constitutional element、Event elements、Event elements、Building digital legal content and system。

  (The author is a professor at the School of Law of Nanjing Audit University)

Editor in charge: Wang Ning
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