In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct an...In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.展开更多
The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts an...The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts.展开更多
cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations o...cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.展开更多
文摘In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.
基金This paper is a phased result of“Research on the Important Issues in Compiling the GRCL,”a major project of the Humanities and Social Science Fund,Ministry of Education(15JJD820009).
文摘The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts.
基金Project of Scientific Research Fund of Renmin University of China(2015030030)supported by the Fundamental Research Funds for the Central Universities.
文摘cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.
