"Digital Law"
March 01, 2022 09:37 Source: "China Social Sciences" March 1, 2022, Issue 2357, author: Hu Ming Zhouxiang

In recent years,The legal community is trying to find the various possibilities used by emerging technologies represented by artificial intelligence in legal theory and practice,This has produced a large number of scientific research results。But,The objective reality that is difficult to avoid is,The current research results are relatively fragmented and the system and overallness are insufficient。Look at the history of the rising and falling discipline of law,If it is always difficult to form a strong basic theoretical study of subject basic theory,It is possible to face the risk of stagnation or even dying in the middle and late stages of development。Under the above background,The academic community hopes to refine the research method shared by academic and practical activities for the "digital law" as soon as possible.,Make active exploration for the formation of mature disciplines in this field。

Current,There are two parallel research methods in digital law。The first is a research -driven bet365 best casino games study,This is the basic methodology of legal research。Study on a specification represented by the doctrine of Fa -tend,It is considered by most legal scholars to belong to "the original meaning or the legal science in the narrow sense"。So,Research method around "specification",The process is generally starting from the problems caused by digital technology,Analyze the principle of technical principle first、Social impact,Then determine its legal status in the standard system,Finally focused on the existing legal norms to conduct research on the teachings,or focusing on building a new legal specification。Research method around "specification",The results produced are either a legal interpretation of a set of digital disputes.,Either a set of perfect suggestions for the legal system。The second is a data -driven research,means to help academic activities and legal practice by data and models。In Natural Science,Even like economics、Sociology and other social sciences,Data for quantitative analysis has long been commonplace。But this is not the traditional method of legal research,Instead, it is made public by Bet365 app download the referee document、The development of legal practice such as smart judicial engineering。So,Research method around "data",The process is generally from discovering problems and quantifying it,Collect data first、Data labeling,Then modeling through data、Data Law,Finally or deepen the understanding of the problem and development of the problem,or provide future predictions on related issues。Research method around "data",The results produced are either a set of mechanism analysis of historical events,Either a set of trend predictions that can be used for future cases and overall trees。

About digital law,At present, there are four main research directions in the academic circles。

The first category is the discipline theory。The perspective of this kind of research technology is the widest perspective,Its goal is to clarify the largest subject boundary of "Law+Digital Technology"。Disciplinary discussion of the concept of "digital law"、Development process、System System、Research direction and other questions,Studies generally directly crowned the words "Ioggly", "Digital Law" and other words。Disciplinary theory generally has three sub bet365 best casino games -tasks,First, review the origin and development process of the past concept,Second, define the current scope of research and paradigm,Third is to look forward to the direction of future evolution。

The second category is object theory。This type,Object of legal research。Preliminary types of literature with digital law,Integrated into the scope of digital legal research,Including personal data、Network Security、Model algorithm、Network platform,and some specific application scenarios,For example, smart justice、Autonomous driving, etc.。Most of the methods of studying the object theory are mostly,It is mainly through explanation of the law to regulate the dispute,or proposes to comply with the institutional specifications of the digital age。

The third category is engineering theory。This kind of research follows that digital technology can be introduced in law enforcement、Judicial and other scenes,All aspects of empowering the rule of law,Engineering projects and academic achievements that adopt digital technology to solve legal practice can be included in this category。Most of the data -driven methods of engineering theory,Target with the task of completing the bet365 live casino games legal scene,Realize this goal through machine learning and software engineering。

The fourth category is methodology。Look at big data from the perspective of academic research methods、Blockchain and other technologies,Discuss what new opportunities it can provide for academic activities,The academic research results produced by using big data quantitative research methods can be included in this category。

General Secretary Xi Jinping pointed out in an important speech at the symposium of the philosophy and social science work.,It is also the most magnificent and unique practical innovation in human history。This great practice of no ancients,It will be created for theory、Academic prosperity provides strong motivation and broad space。"Digital Law as a liberal arts and science interdisciplinary discipline,It is an emerging cross discipline with leading advantages and representative laws with Chinese characteristics,In the future, its development should seize the following opportunities。First, practice first,Accumulate a lot of experience。Represented by smart judicial engineering,The breadth and depth of legal and technical bet365 Play online games integration in recent years,China is already in the forefront of the world,This will provide rich experience materials for the theoretical development of digital law。Second, the team with a cross -disciplinary cross has formed。Take Zhejiang University as an example,Cross -disciplinary platforms of the Digital Law Research Institute jointly formed by the School of Law School and the School of Computer,Teachers and students of the two houses have carried out national key R & D projects、Cross academic research and other specific cooperation。Third, academic achievements have many opportunities for application demonstrations。The basic theory of digital law originated from the first exploration of practice,Therefore, it is an academic close contact practice,The results can be quickly used for the emerging discipline of practice。

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