The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era.While having made great achievements,the digital economy has also introduced many regulatory risks a...The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era.While having made great achievements,the digital economy has also introduced many regulatory risks and troubles.The basic logic of the digital economy is the eco-industrial chain based on data and big data resources.Since the current data property rights system is unclear,various forms of competition based on data resources have seriously challenged existing laws and their implementation mechanisms.To address the problems of an insufficient institutional supply and weak implementation,and to facilitate the growth of the digital economy,we should update the regulations’concepts and methods,establish a new logic of system regulations,improve the implementation mechanisms by using the overall and multi-level regulation thinking,and build a multi-dimensional,diversified and all-round economic rule of law regulation system led by the government with the participation of operators,consumers and social organizations.This regulation system relies on the synergy between top-level design and top-level promotion,respects the balance of multiple interests,and finally realizes the three-dimensional integration of efficiency,fairness and security.展开更多
The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU)and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. Whil...The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU)and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. While academicsfrom the UK and the US are wary of the right to be forgotten, their Chinese counterparts are fairly optimistic thatthis right can be transplanted to China. It is found that remarks such as “introducing the right to be forgotten”,“establishing personal information rights”, and “laying down a law on personal information rights” can befrequently observed in relevant studies published in recent years. As an immature new right that has been writteninto laws of some countries, whether the right to be forgotten is in line with China’s practicalities should becogitated on before it is enshrined in law. Having analyzed what influences the right to be forgotten will exert onChina’s rule of law and economic development if it is included in China’s legal system, a conclusion has beenreached. First, the right to be forgotten is detrimental to Chins’ s advancement of rule of law because it contradictsrights such as freedom of the press, freedom of speech and right to know. Second, it will also inhibit thedevelopment of China’s burgeoning digital economy. Therefore, the right to be forgotten should not be introducedto or even established in Chinese law at this stage.展开更多
Digital economy empowers the further pursuit and materialization of the Belt and Road Initiative(BRI).It has social efficacy and is governance-oriented in the process of economic globalization,but also has multi-facet...Digital economy empowers the further pursuit and materialization of the Belt and Road Initiative(BRI).It has social efficacy and is governance-oriented in the process of economic globalization,but also has multi-faceted predicaments of governance as well as obstacles to the rule of law.Therefore,the BRI digital economy governance should mediate four relationships at the macro level,and implement the rule of law from three dimensions with the purpose of contributing to constructing global digital governance system.展开更多
基金This paper was funded by Key Project(TJFX18-002)of Tianjin Social Science Programby the special fund for basic scientific research cost for Ministry of Education colleges and universities earmarked for Year 2019 major project of Nankai University(63192312)by the Program of 100 Young Academic Leaders of Nankai University(201603).
文摘The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era.While having made great achievements,the digital economy has also introduced many regulatory risks and troubles.The basic logic of the digital economy is the eco-industrial chain based on data and big data resources.Since the current data property rights system is unclear,various forms of competition based on data resources have seriously challenged existing laws and their implementation mechanisms.To address the problems of an insufficient institutional supply and weak implementation,and to facilitate the growth of the digital economy,we should update the regulations’concepts and methods,establish a new logic of system regulations,improve the implementation mechanisms by using the overall and multi-level regulation thinking,and build a multi-dimensional,diversified and all-round economic rule of law regulation system led by the government with the participation of operators,consumers and social organizations.This regulation system relies on the synergy between top-level design and top-level promotion,respects the balance of multiple interests,and finally realizes the three-dimensional integration of efficiency,fairness and security.
文摘The emergence of the right to be forgotten not only triggered a heated debate between the European Union (EU)and the United States (US), but also caused quite a stir in China’s judicial and legal theory circles. While academicsfrom the UK and the US are wary of the right to be forgotten, their Chinese counterparts are fairly optimistic thatthis right can be transplanted to China. It is found that remarks such as “introducing the right to be forgotten”,“establishing personal information rights”, and “laying down a law on personal information rights” can befrequently observed in relevant studies published in recent years. As an immature new right that has been writteninto laws of some countries, whether the right to be forgotten is in line with China’s practicalities should becogitated on before it is enshrined in law. Having analyzed what influences the right to be forgotten will exert onChina’s rule of law and economic development if it is included in China’s legal system, a conclusion has beenreached. First, the right to be forgotten is detrimental to Chins’ s advancement of rule of law because it contradictsrights such as freedom of the press, freedom of speech and right to know. Second, it will also inhibit thedevelopment of China’s burgeoning digital economy. Therefore, the right to be forgotten should not be introducedto or even established in Chinese law at this stage.
文摘Digital economy empowers the further pursuit and materialization of the Belt and Road Initiative(BRI).It has social efficacy and is governance-oriented in the process of economic globalization,but also has multi-faceted predicaments of governance as well as obstacles to the rule of law.Therefore,the BRI digital economy governance should mediate four relationships at the macro level,and implement the rule of law from three dimensions with the purpose of contributing to constructing global digital governance system.
