Since the 1990s，A new type of art based on digital technology -the rapid development of digital art at home and abroad。Digital art is in the time of only 20 years，It has formed a huge ecosystem far exceeding the scale of traditional art，The artistic order built from this also has a lot of major changes: on the one hand，Digital art not only forms an ecological scale far exceeding the total number of traditional art in terms of quantity and type，and greatly develop human aesthetic experience and aesthetic domain; on the other hand,，The barbaric growth of Internet digital art has also spawned the culture of addiction、Vulgar Culture、Flow Culture、Rice Circle Culture、Rice Circle Culture、Algorithm culture、Pirate Culture and other diseases and chaos，Even caused serious cyber violence，physical and mental health for the public、Network Security and National Cultural Security constitute a major challenge，Become a key governance field for the national "clear" special action in recent years。Obviously，Many of the above problems exposed in digital art development，It is no longer a simple artistic aesthetic proposition，It is no longer an artistic ethics proposition，but an out -of -the -box artistic legal proposition，It must be introduced to legal thinking and legal mechanism to actively respond。This is the basic scientific logic of Professor Ma Lixin's new book "The Philosophy of Digital Art Law"。

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Since 1998，Ma Lixin always follows the development situation of digital art at home and abroad。Different from other scholars is，He chose a philosophical path from the beginning to examine this emerging thing，This allows him，and propose the theory of pioneering and forward -looking。He has successively presided over a series of national social science funds such as "digital art and digital aesthetic research", "digital art philosophy research", bet365 Play online games "digital art ethics research", "digital art rights and obligations research"，The system has built a complete set of complete digital art aesthetics and ethics theoretical system。It is also from these studies，He keen found，The path of simply relying on art aesthetics and artistic morality (like traditional art)，It is not enough to deal with the addiction such as digital art、Vulgar、Strange circle、Net Storm、Piracy and other diseases and chaos，Because of these problems, the accidentality in the traditional art order、Universality and hidden existence of individuality and implicitness becomes universal in digital art order、Systemic and openly，Its nature is also by traditional perceptual propositions、Morality propositions 嬗 into a brand new "legal" proposition。From the author's view，The proposal and creation of the "Legal" proposition is the first breakthrough result achieved by "Philosophy of Digital Art Law"。

"Legal" is the legitimacy of human social behavior，Its essence is about the boundaries of human rights and obligations and 僭 僭。If this problem is aimed at human social behavior, it may not be difficult to clarify，However，It becomes a blank academic field。Can you find a behavior that can pass through all human society、It is enough to test the general and inevitable jurisprudence of all human social behavior legality，Become a logic starting point for Ma Lixin to investigate the "legal" proposition of digital art。

For this，He gave up the tradition of knowledge and archeology，but under the guidance of systemic thinking，Using the transformed Husserl phenomenology intuitive method，Direct inspection of some typical human social behaviors compared with ancient and modern Chinese and foreign，Get a insight from it -all human social behavior must not harm the physical and mental health rights of others。Needless doubt，This is a common jurisprudence that connects to nature and text law，It is also a fidelity that does not prove itself。This common legal discovery has important value for Ma Lixin's entire digital art law research，It not only specifies Bet365 app download the boundary of all human social behavior rights and obligations，And also stipulates the basic principles of the legal behavior of the legal non -righteous behavior and its confrontation: one，The right to physical and mental health of human beings is a talent enjoyed by everyone、General and basic rights，It is the origin and Yuanji of other human rights;，All human social behavior must not harm the right to physical and mental health of others，This means，Respecting the physical and mental health of others is a universal basic obligation;，All the violations of the rights of others and the suspension of the obligations of others constitute a legal non -righteous behavior;，For all legal non -righteous behaviors，Only by adopting legal confrontation can we realize social fairness and justice。It is the basic framework of this "legal" proposition，"The Philosophy of Digital Art Law" launched a series of exploration on the legality of the behavior of digital art。

　The right to expand and the obligation of expanded

Why digital art has been generated for more than 20 years，Can its scale and quantity far exceed the sum of the accumulation of traditional art for thousands of years? "The Philosophy of Digital Arts" revealed for us for the first time that the mystery is "the expansion of the emergency expansion of the human art production creation right caused by digital technology，The expansion of this right does not refer to the improvement of human art creative ability or aesthetic ability，Instead, it refers to the great improvement of human art communication ability and rights "。Through comparison，Ma Lixin discovered，"The traditional art order is constructed a strict level、One -way art creation and publishing mechanism。Under this mechanism，People have the right to create art，But its right to publish is greatly limited，Because the creative right of traditional art is separated，It belongs to different art subjects "。For example, someone has the right to create a novel，But the right of novels is in the hands of literary journals or publishers。Given the great incompleteness and imbalance between the right to publish and bet365 Play online games creativity，"The creative right of traditional art is essentially a privilege that a minority elite has"。

But，Digital technology completely subverts this right mechanism，"The Internet has naturally given every netizen's equal artistic creation right and publishing rights since its birth"，Of course, this is based on its natural decentralization and free democratic communication mechanism。Here，Rather than everyone is an art creator，It is better to say that everyone is an art communicator，"It is an emergency expansion of the latter's rights，Only liberated human art productivity to the greatest extent "，This discovery explains a convincing manner that digital art can reach a mass level in a short time，Internal jurisprudence beyond the scale of traditional art。

Another discovery of Ma Lixin is，"Digital technology not only greatly expands the right to spread art of art，and greatly expand human artistic consumption rights "，The latter is not a purchase right，Instead of "a kind of right to contact or appreciate online art works，It eliminates the mechanism that is constructed by traditional art to first purchase and then contact or appreciate "。It is the help of this "equal rights enjoyed by everyone"，Human aesthetic rights、Aesthetic territory and aesthetic experience only obtained a milestone expansion。

Clarify the mechanism of quantitative changes and qualitative changes in digital art obligations、Determination of rights 僭 Yue and obligations to suspend non -righteous behaviors of different properties are another result of "Digital Art Law Philosophy"。It deeply points out，Digital Art Creation Right、Each amplification of communication right and consumer rights simultaneously derived the same number of digital art creation obligations、Communication obligations and consumer obligations，That is, any netizen's creation of any digital art work、Propaganda and consumption must not harm any rights of others，Otherwise, it will inevitably constitute rights.。According to this law，The emergence of many diseases and chaos bet365 best casino games in digital art practice，Either because the subject of art does not abide by or fulfill the corresponding creation、Communication and consumption obligations，indirectly violated the rights of others; either directly violated the legitimate rights of others because of its own rights，Among them, the former is especially，Because "in social reality，People often pay more attention to maintaining their legitimate rights，and the obligations that you have assumed are numb or blindfolded "。

　Constructing a digital art mental damage to rights protection mechanism

Another contribution of "The Philosophy of Digital Art Law" is to propose the subject of human art mental damage，and clarify a whole set of related identification、Examination and prosecution mechanism，So as digital art legislation、Law enforcement and judicial practice provides theoretical basis。

Jerusters，The suspension of any right or the suspension of obligations will inevitably lead to damage to others' rights，Therefore, it is inevitable to constitute non -righteous behavior。For human property rights、Non -righteous behavior of property rights and life rights，People are relatively easy to identify，But，The mental damage caused by infringing digital art rights to society is a new topic that has not yet entered the discussion of legal and legal practice。Ma Lixin believes，mental damage caused by digital art，For example, Internet addiction，Cyber ​​violence and other psychological damage problems，History view caused by false art、Value、Questions of life and distorted life，The problem of mental depression caused by general citizen's reputation or honor damage or honor or based on universal social or environmental factors has different properties，It has a specific and clear infringer、Specific and clear infringement and specific and clear interest motivation，Therefore, it is not difficult to determine its legal nature，Difficulties are the identification of the quality of the aesthetic quality of the infringer (specific art works) and the degree of mental damage of the infringer (specific art bet365 live casino games consumer)、The survey and prosecution mechanism has not yet been observed by legal practice。

In order to fill the dual gap in this academic and legal practice，"Digital Art Law Philosophy" first based on the principle of low -carbon aesthetics and low -carbon art，Build a whole set of objective standards for effective analysis and judging an objective standard of a aesthetic value of an art text，According to this standard，It can easily determine the positive and negative and high of the aesthetic value of any art work，This provides a strong legal basis for the national and independent institutions to specifically undertake the aesthetic quality of art text aesthetics。

Another equally important problem is the synchronous construction of digital art mental damage survey and diagnosis mechanism。Ma Lixin believes，This problem cannot be fully referred to the clinical diagnosis mode of the current human neurosis，Because the latter is a pure neurological problem，Digital artistic damage such as Internet addiction is mental damage with psychiatry and jurisprudence，Therefore, to highlight the justice and majesty of the law，It also needs to create professional and independent law enforcement agencies to exercise human mental damage survey and appraisal functions。

Given that the mental damage of digital art is often involved in a single social subject，Therefore, it is essentially a kind of public safety and non -righteous behavior，For this，Ma Lixin emphasized，The prosecution of such behavior shall be borne by the state public prosecution agency，Judicial organs should judge with reference to public safety illegal crimes。

See clarification from the "legal" proposition of digital art，Revelation from the right to infringe the correction mechanism from the right to the physical and mental health of human beings to，From digital art rights、Obligation、Determination of the essentially prescribed by non -meaning to a complete set of digital art legislation、Construction of law enforcement and judicial mechanism，These studies not only fill the gap in the field of digital art research，Increased Bet365 app download knowledge reserves of digital art and law disciplines，It has a promotion effect on the development of digital art disciplines，In order to build a healthy and sustainable contemporary digital art order、Make theoretical support to ensure the health of the public and the health of the public。

(The author is the academic leader of the National Key Discipline of Shandong University、Lifetime professor of Shandong University)