In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to d...In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.展开更多
To talk about the selection process of criminal patterns as well as difficult points in it,we must first address how to properly deal with the relationship between crime and noncrime,and find out the optimal balance p...To talk about the selection process of criminal patterns as well as difficult points in it,we must first address how to properly deal with the relationship between crime and noncrime,and find out the optimal balance point between the two. Dual crime patterns are not simple penal questions in China,but are a legal principle of unique value. Legal analysis generated during the cognitive process in response to this question will impact the making of the relevant criminal standard,and it in turn forms an ideal model for a criminal standard. Therefore,we should see this criminal pattern comprehensively from the perspective of stimulation,efficacy,and modesty,and realize the change of criminal patterns from crisis to opportunity,and be alert to the Herd Instinct caused by such criminal patterns.展开更多
I.INTRODUCTION.The traditional design of institutions in the field of damages is based on the assumption that the infringer and the infringed are on a one-to-one basis,thus implements homogeneous compensation accordin...I.INTRODUCTION.The traditional design of institutions in the field of damages is based on the assumption that the infringer and the infringed are on a one-to-one basis,thus implements homogeneous compensation according to the principle of full compensation to fill the actual losses of the infringed,and prohibits the infringed from obtaining additional benefits as a result of the infringing act.1However,the status difference between the strong data processor and the weak data subject in the era of big data has subverted such a basic scenario,on which the traditional damages institutions are established.展开更多
The eternal topic of the court is how to achieve juridical equity and efficiency,which really depends on the role of the judge.The judge is a strong empirical(professional and practical) profession;consequently,the ju...The eternal topic of the court is how to achieve juridical equity and efficiency,which really depends on the role of the judge.The judge is a strong empirical(professional and practical) profession;consequently,the judges experience is extremely important on achieving juridical fairness and efficiency.In the process of judge appointment in later period of the republic of China,they attached great importance to experience factor,took experience quality examination before the appointment,skills training during the appointment,experience summary after the appointment and a series of measures to ensure an experienced professional judge team for fair and efficient judicial trial.Judge appointment emphasizing experience is the best way to explain Holmes' sproposition of 'the vitality of law lies in experience'.The present judicial reform in our country also should attach importance to the role of judge's experience,which is an important evaluation criteria as a qualified judge or not,and the experience should be a legal person's cultivation and significant passes into the workplace.展开更多
基金the phased outcome of the project“Research on China’s Rule of Law Path for Maintaining the Security and Stability of Global Supply Chain”(Approval Number 2024M751358)that received funding from the 75th general grant of the China Postdoctoral Science Foundation.
文摘In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.
文摘To talk about the selection process of criminal patterns as well as difficult points in it,we must first address how to properly deal with the relationship between crime and noncrime,and find out the optimal balance point between the two. Dual crime patterns are not simple penal questions in China,but are a legal principle of unique value. Legal analysis generated during the cognitive process in response to this question will impact the making of the relevant criminal standard,and it in turn forms an ideal model for a criminal standard. Therefore,we should see this criminal pattern comprehensively from the perspective of stimulation,efficacy,and modesty,and realize the change of criminal patterns from crisis to opportunity,and be alert to the Herd Instinct caused by such criminal patterns.
基金supported by the 2023 Young Scholars’Research Project of the Civil Law Association of China Law Society(No.2023MFXH015)。
文摘I.INTRODUCTION.The traditional design of institutions in the field of damages is based on the assumption that the infringer and the infringed are on a one-to-one basis,thus implements homogeneous compensation according to the principle of full compensation to fill the actual losses of the infringed,and prohibits the infringed from obtaining additional benefits as a result of the infringing act.1However,the status difference between the strong data processor and the weak data subject in the era of big data has subverted such a basic scenario,on which the traditional damages institutions are established.
基金National Social Science Foundation Project,entitled Administrative Power Restriction Mechanism Research during the Period of the Republic of China(14FFX026)the key projects of Jiangsu Provincial University Philosophy and Social Science Research in 2014,entitled Judicial Management System Reform and the Rule of Law Construction in Jiangsu(2014ZDIXM017)
文摘The eternal topic of the court is how to achieve juridical equity and efficiency,which really depends on the role of the judge.The judge is a strong empirical(professional and practical) profession;consequently,the judges experience is extremely important on achieving juridical fairness and efficiency.In the process of judge appointment in later period of the republic of China,they attached great importance to experience factor,took experience quality examination before the appointment,skills training during the appointment,experience summary after the appointment and a series of measures to ensure an experienced professional judge team for fair and efficient judicial trial.Judge appointment emphasizing experience is the best way to explain Holmes' sproposition of 'the vitality of law lies in experience'.The present judicial reform in our country also should attach importance to the role of judge's experience,which is an important evaluation criteria as a qualified judge or not,and the experience should be a legal person's cultivation and significant passes into the workplace.
