Article 111 of the General Principles of the Civil Law,“Personal information of natural persons is protected by law。Any organization or individual who needs to obtain other people’s personal information,Information security should be obtained and ensured in accordance with the law,No illegal collection、Use、Processing、Transfer other people’s personal information,No illegal trading、Provide or disclose other people’s personal information”。Article 127 of the General Principles of the Civil Law,“Law vs. Data、There are regulations on the protection of online virtual property,In accordance with its regulations”。Judging from the above two provisions,The legislator proposed a normative text that according to law...not illegally...。A single civil law hermeneutic cannot cope with the overall needs of digital Bet365 app download content and system,This article provides a normative explanation of Bet365 app download semiotics for digital Bet365 app download content and system construction。
The Bet365 app download/illegal code is the basic code of the law,Interpreters can extract Bet365 app download/illegal codes from Bet365 app download texts,Effectively organize the civil rights law and gradually recurse to the electronic data civil conduct law、In the Electronic Data Administrative Behavior Law and even the Intelligent Behavior Law,Helping data jurisprudence free itself from the interpretive burden of heavy rights and delicate responsibilities,Leave time to the historical process of data evolution,Go and wait for specific empowered personal information,Go and wait for specific provisions on liability for data infringement。Years of efforts by domestic and foreign scholars,Existing individual rights law has been demonstrated、Social responsibility law and other Bet365 app download fields can evolve solutions to problems,Although it is not enough to fully deal with the complexity of data law,But Bet365 app download/illegal codes are more conducive to simplifying the content and system of data law than rights/responsibilities categories,We transform the code of data jurisprudence from the category of rights/responsibilities into Bet365 app download/illegal recursive codes。
Constructing a digital humanities science and technology Bet365 app download system using binary recursive codes
The law of rights creates endless rights,Still unable to exhaust data Bet365 app download protection objects;No matter what kind of causal relationship the liability law produces,It is impossible to exhaust the changing social conditions。The Bet365 app download/illegal binary code of digital jurisprudence can solve the theory of value、Methodology、Ontology、The problem of recursive levels of ontological commitment。The first level is based on the reflection relationship between consciousness and matter,How does the reference to digital law reflect the meaning of digital law,The axiom of digital law is human dignity,Human dignity must be encoded into legality review。The second level is consciousness and thinking,The object of digital law cannot think,How does the subject think?Which subjects participate in the thinking activities of digital law?The free will overlapping consensus of digital jurisprudence is formed in intersubjectivity,Intersubjectivity depends on the interaction of participants。The third level is the relationship between thinking and existence,Thinking runs through the carrier of digital Bet365 app download language,The subject theory of digital law is the theory of rights,Object theory can be behavior theory,It can also be deontology,The theory of rights if not connected through behavior,Protection based on rights is not enough,Bet365 app download acts constitute the effective requirements for civil Bet365 app download acts and administrative Bet365 app download acts,Illegal exclusion as a requirement for validity constitutes the basis of discretion in digital jurisprudence。
Whether it is humanism or technologicalism,The empire of digital jurisprudence can only be built from Bet365 app download/illegal recursive codes。This infinitely recursive Bet365 app download code can help effectively connect the scientific and humanistic aspects of digital law,Pass Bet365 app download standards,Examining the two dimensions of humanities and science and technology,Incorporating technical standards into technologicalism,Incorporate 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 that neither personality rights nor property rights are adequately protected,Bypassing the duality of the material world and the mental world through behavior,Expand subjectivity in the real world through behavior。Heidegger made a last ditch effort,Use the binary code of Dasein and That-in to cut through the dualistic material world。Luhmann provides us with a predictive blueprint for constructing a Bet365 app download/illegal confirmation standard for Dasein and That-Being,Help us from the visible/intangible、Can be copied/cannot be copied、Object/Subject、Public/Individual、Create/Stack、Extract the confirmation standard from the binary code of public/secret information,Integrate prediction and calculation methods into Bet365 app download/illegal binary codes,The great invention of humanistic technology that has made the Bet365 app download system in the digital age possible。
A more practical contribution is,Bet365 app download/illegal codes are QR codes,By 2D Bet365 app download encoding,It can avoid subject rights、The debate on the two-image category of object rights。Through digital Bet365 app download operations,Items related to two-dimensional code related to technology,Technical standards are absorbed into Bet365 app download legality standards,Technical standards must eventually pass the detection of national Bet365 app download/illegal codes。In fact,Bet365 app download/illegal recursive code adopted in Article 111 of the General Provisions of the Civil Code,Avoided information market failure、Information Paradox、Dilemma of Information Chaos Ternary Semantic Recognition,Simplify the complex and use the Bet365 app download identification standard of two-dimensional contextual theory,Show rich and concrete justice in the exercise of information behavior。
Constructing a digital behavior Bet365 app download system based on information Bet365 app download behavior
Digital law establishes Bet365 app download standards for information behavior through Bet365 app download/illegal classification in the process of information Bet365 app download behavior。In view of the different behaviors of biometric identification and operator identification,Subjectivity transformed into information behavior classification and identification,Divided into identifying biometric information and collecting and storing non-sensitive information。Information behavior is divided into subject information behavior and object information behavior,Subject information behavior refers to the right to consent、Right to delete、Bet365 app download acts of revocation rights, etc.;Object information behavior refers to data file ownership、Operator information management rights、Asset rights、Trading rights、The operation of property laws that continues to relax such as usufruct rights。Biometric information is personal subject information behavior,Personal subject information can be converted into property liability relief,As long as the four requirements of the burden of proof in tort law are met,Liability rules can protect the infringement of biometric information,But the burden of proof for the infringed individual is high。
A set of changing information behaviors show different forms of information law legislation in different fields,And they are all integrated under civil Bet365 app download acts,Rights related to people extend to the right to privacy、The right to information self-determination related to the right to privacy and self-determination。Thing-related rights extend to dynamic information behavior,Including materialization、A bundle of civil Bet365 app download acts of debtorization。Privacy、Tort liability is unified and protected within the framework of the civil Bet365 app download behavior system,Unify property rules and liability rules in civil Bet365 app download action plans,It is a behaviorist approach。Based on the dual attributes of subject information and object information,Neither tangible objects nor intangible intellectual achievements can meet the needs of personal information rights objects。The German Civil Code regards the object of rights as the basis for the operation of the entire rights,ERW、Behavior and intellectual achievements as objects of rights cannot meet the needs of personal information mobility,Because information is flowing,Configuring information according to rights objects,Combined classification regulations,There will be phenomena that are difficult to classify,Can only be classified according to a dynamic Bet365 app download/illegal information behavior。
Constructing a digital Bet365 app download system that integrates public and private laws using binary recursive programming standards
The Bet365 app download/illegal coding of information collection behavior is effective for Bet365 app download behavior,The legality/illegality standard helps public and private law achieve a fact-centered consensus,Helps solve the problem of incomprehension after the cross-classification of the People's Bank of China。If big data platform companies cannot embed privacy into information behavior in accordance with industry standards,Judge finds violation of Privacy Shield or Information Pool standards during legality review,From the perspective of civil cases,Does not comply with the legality of civil Bet365 app download acts,From the perspective of administrative cases,Does not comply with the standards of the Administrative Conduct Law。No matter which field the case is assigned to,The professional slots are judged according to Bet365 app download/illegal standards,The case judgment meets the same standard of the taxonomy。
Under Bet365 app download/illegal encoding,Public and private laws are unified in a legally recognized coding system,The particularity of personal information law that is different from general civil rights and civil Bet365 app download acts lies in the cornerstone of ensuring information security and human privacy,Relying solely on the protection of private law is not enough,Must also seek protection from public law、Protection of social law。So it is always necessary to deal with the relationship between public and private laws in personal information legislation,The current inherent rights setting of civil law scholars,It is difficult to meet the needs of special legislation on information law that integrates public and private laws and protects them。In a public space where data is organized,Self-organized and reorganized public personality and its public goods、The horizon of public behavior,The space has been divided into areas for different protections,Established based on civil law,Guaranteed by public law,Personal information legislation based on social law。Personal information legislation is not a private property that a civil law professional slot can accommodate,This needs to be based on traditional civil law concepts,We need to break through the concept of traditional civil law again,Form a conceptual system that connects public and private laws,Establish a balancing mechanism for the exercise of personal information rights under this conceptual system,Promote the balanced development of digital law in various Bet365 app download fields,Bet365 app download/illegal codes can govern different jurisdictions,Form Bet365 app download/illegal Bet365 app download standards。
In summary,Binary code is the philosophy of digital law、Digital Behavior Law、The three major contents and basic Bet365 app download elements of the digital jurisdiction law,Bet365 app download/illegal evolves into right/wrong、Principle/Potential、number/several、Infinitely recursive binary code of things/situations,These types of codes are used as evaluation elements respectively、Components、Subject elements、Event elements、Object elements and other elements construct the content and system of digital law。
(The author is a professor at the Bet365 app download School of Nanjing Audit University)
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