Digital Law Research Trends forward -looking
December 14, 2023 11:02 Source: "China Social Sciences" December 14, 2023 Issue 2794 Author: Ding Xiaodong

In recent years,Big Data、Artificial Intelligence、Blockchain、The Internet of Things and other digital technologies develop rapidly,Bring major changes to social life。Opportunities of various digital fields such as the "Personal Information Protection Law", "Data Security Law", "Network Security Law" as an opportunity,"Digital Law" related studies have risen,Its disciplinary system has gradually formed。Digital Law has a distinctive domain nature、Crossability、Dynamic features。Research trends of digital law correctly,For the construction of a digital law system with Chinese characteristics、academic system、The discourse system is important。

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Digital law is a systematic response to the legal issues of the digital age。With the widespread application of digital technology,Human society enters the digital era from the industrial era,Production method、Lifetime and living space have occurred great innovation,A series of problems urgently need new legal system and legal system to respond。

For example,In the field of personal information protection,Traditional privacy infringement law is difficult to provide effective relief for large -scale miniature infringement。In the field of corporate data protection and sharing,Data non -consuming、Non -competitive、Non -exclusiveness makes data require both right protection,You need to share and gather,Give play to public value。In the field of platform responsibility,Platform power makes Internet companies not only have the characteristics of traditional enterprises,At the same time, the "market manufacturer" feature that builds a market economy。In the bet365 Play online games field of artificial intelligence,Now the machine can replace humans to complete some creative work,And humans sometimes only need to complete simple repetitive work with their assistance,Traditional human -machine relationships reversed。

For digital law or similar network law、Information Law and other disciplines,There are also scholars with suspicion position。For example,Famous American Judge Frank Isete Brook believes,Network Law is similar to the law of "horse",It is difficult to become a system。The best way to study various laws about horses is to study property law、The Law of the Infringement Law and the Business Trading Law,instead of regarding the "horse method" as a discipline。However, this judgment by Judge Yiste Brook obviously did not notice the difference between digital society and general domain issues。The research on "horse" does not bring changes in social structure and legal challenges,and digitalization is the opposite,The society and legal issues brought by it are very obvious,It can completely constitute a new field of law。

Digital Law still needs to from the contract law、Infringement Law、Drawing theoretical tools in existing departments such as administrative law,But the response of digital law is not a digital extension of problems in a certain field,but the dimension structure of the original social governance problem mutation。This requires digital law to integrate many theoretical planes into a new theoretical module,Form the domain methodology that serves digital rule of law。

  Anti -discipline cross 

Realize digital rule of law,Need to use cross -disciplinary research to promote the theoretical layer of digital law。

On the one hand,Due to digital technology intervention,Social governance issues in the digital era presents cause complexity。For example,Compared to the industrial era,The main obstacles of the contract -minded autonomy have gradually bet365 Play online games shifted from the "lemon market" problem to compulsory disclosure of structural problems such as failure and consumer limited rationality。In addition to the strict logical deduction of the three -stage argument and the analysis of individualized doctrine,Need to use sociology、Economics and Political Science theoretical tools,Society hidden behind the issue of social governance、Deep analysis of economic cause。Dynamic relationship between the economic foundation and upper buildings through observation of the digital economy era,Clarifying the way to deal with emerging social governance issues。For this,The preliminary exploration of the digital legal community has been systematized。For example,Combined with the theoretical tool of political economics,Analysis of the traditional legal system in response to the problem of information capitalism and digital manipulation; with the help of institutional economics and information economics,Analysis of the new production factors of data lack transaction incentives; through the perspective of behavioral economics,Analyze the deep cause of the trapped of large -scale micro -infringement and relief。As a discipline that responds to real problems,Digital Law needs to have multiple knowledge、Multiple methods to further spectrum inspection,Forms "Methodology",Rebirth problem consciousness and cutting perspective。

On the other hand,Digital technology has greatly innovated social reality,presents tension and contradictions between the original legal system。This institutional tool that comes from the industrial era is difficult to fully cope with the emerging issues of the digital age。Data production factors have both non -competitive and non -discharge,There are differences in the existing property system and theoretical logic of property -based bet365 best casino games competitiveness and exclusivity。Algorithm technology expands the breadth and depth of the influence of individual decision -making,There is an institutional discomfort between the existence of the infringement and relief of the static individual and the substantial damage。other,Social governance issues in the digital age need to give full play to the functional value of the law。The logical ring circuit of the existing legal system is mostly in accordance with the "command -control" mode,Relying on the linear governance between public power and enterprise or public power and individuals。Digital technology has restructured the social identity and status of enterprises and individuals,Power inequality exists between various subjects,More functions of the legal system need to carry more functions。For example,Incentive mechanisms to reshape various digital subjects through rights and obligations; clearly and improve the social value expression function of the law through legal rules and principles。Real requirements for multiple functions based on the unified legal system,The design and reconstruction of the legal system requires full absorption of knowledge and wisdom in the field of social sciences,instead of relying on the existing customary method of the previous digital age。Tools such as cost income analysis or behavioral science experiments,Can fully compare the consequences and income of different ways,The institutional system that improves digital rule of law。

Digitalization of the rule of law,Need to use cross -disciplinary research to promote the practical layer of digital law。

On the one hand,The realization of the digitalization of the rule of law includes both adherence to traditional rule of law,It also includes the control of the number "private power"。First,Digital law should torture the hidden value preset of digital technology,and fully apply digital Bet365 lotto review technology to build a multi -dimensional accountability system。This needs to break the "technical neutral" myth,Introduction to the viewing perspective of "code is law",The value orientation in the basic architecture of the restructuring digital technology。Next,Digital law needs to use "agile governance", "privacy design", "interoperability" and other technical tools,Double -dimensional expansion of the scale and speed of the governance of the digital age。Last,Digital Law also needs to achieve computer science、Dynamic fusion of disciplines such as information science,Comprehensive consideration of problems such as "algorithm black box" and "privacy computing"。Unified Social Sciences with existing theoretical tools,Digital law should deconstruct the data、Network、Artificial intelligence and other governance issues are based on,Extract the public factor in the basic category of digital law,and form a benign interaction between law and technology。

On the other hand,The realization of digitalization of the rule of law requires the help of digital technology to improve governance efficiency。Digital technology has an accurate analysis function。Incorporate digital technology into digital governance,Can build a comprehensive aspect、Multi -dimensional compliance guidelines and monitoring analysis。With the help of algorithm technology and big data governance,Digital rule of law can realize the personalized rule of law and modular governance of the regulatory level,Under the predictability of the guarantee method, fully realize the accurate rational governance (Rule of Reason。other,Digital technology has inseparable and left traceability。Social governance issues in the digital era are becoming increasingly complicated,Multi -layered、Cross -domain analysis and decision -making。With the help of digital technology, it can enhance the transparency Bet365 lotto review and scientificity of compliance governance,Enhance the practical effectiveness and legitimacy of governance。But at the same time,Digitalization of the rule of law is also facing the problem of "people in the ring" in the fields of smart justice,How to respond to issues such as "Rights of Technology",Realize the autonomy and openness of the digitalization of the rule of law,It has to be further explored。

  Award dynamic governance 

The rapid development of digital society determines the dynamics of digital law,Digital law should adhere to the future governance orientation,response to "Collingry Dilemma"。Very true,Whether it is the industrial era or the digital age,Laws are facing incompleteness of welfare analysis、Limited rationality of the masses、Unable to be available in future information、Many challenges such as the lag of the original law,But the intervention of digital technology makes such problems more prominent。For example,Personal information protection fields mostly comes from subsequent uncertain information processing; risks in the field。

Faced with the "pace" of the "pace" of the digital rule of law,Digital Law should pay attention to the construction of the legal dynamic governance mechanism,so that the regulation of the law for digital issues is not lagging,No advance。From the perspective of the subject of governance,Digital law should construct a "learning" governance mechanism,Supervise the regulatory agencies constantly self -study,Avoid the rigidity of governance。From the perspective of governance,Digital law should construct the government、Enterprise、Social cooperation governance mode,Promote government regulation、Enterprise self -regulation、Organic integration of social reputation regulations。When digital law constructs a dynamic governance concept and mechanism,Adhere to the functional positioning of the "Future-PROOFING bet365 live casino games LAW",Digital rule of law can adapt to the destructive innovation of digital technology,Self -iteration of promoting digital production methods,Realize the good law and governance of the digital field。

  (The author is a professor at the School of Law of Renmin University of China、Deputy Dean of the Institute of Future Rule of Law Research) 

Editor in charge: Cui Bohan
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