The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
The European Union(EU)seeks to build a Europe fit for the digital age.For this purpose,the EU has accelerated the process of catching up with digital technology and issued a number of legal and regulatory documents to...The European Union(EU)seeks to build a Europe fit for the digital age.For this purpose,the EU has accelerated the process of catching up with digital technology and issued a number of legal and regulatory documents to establish a digital governance rule regime with EU characteristics.This paper analyzes the EU’s path towards the construction of digital governance rules.This path is composed of three aspects,i.e.,strict digital supervision,differentiation of the free market,and multi-stakeholder governance.This three-step path has intrinsic logical implications.That is,strict digital supervision is applied to defend the EU’s unified market and values;differentiation of the free market takes the principle of adequate protection as the core to make the EU an exporter of rules;multi-stakeholder governance brings multiple stakeholders together in the governance to deal with the ethical anomie that arises during the use of big data.By setting up a series of digital governance rules,the EU seeks to achieve rule dominance to gain regulatory power for global digital governance.However,due to multiple constraints,there is a long way to go,and there are obstacles in the way.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
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘The European Union(EU)seeks to build a Europe fit for the digital age.For this purpose,the EU has accelerated the process of catching up with digital technology and issued a number of legal and regulatory documents to establish a digital governance rule regime with EU characteristics.This paper analyzes the EU’s path towards the construction of digital governance rules.This path is composed of three aspects,i.e.,strict digital supervision,differentiation of the free market,and multi-stakeholder governance.This three-step path has intrinsic logical implications.That is,strict digital supervision is applied to defend the EU’s unified market and values;differentiation of the free market takes the principle of adequate protection as the core to make the EU an exporter of rules;multi-stakeholder governance brings multiple stakeholders together in the governance to deal with the ethical anomie that arises during the use of big data.By setting up a series of digital governance rules,the EU seeks to achieve rule dominance to gain regulatory power for global digital governance.However,due to multiple constraints,there is a long way to go,and there are obstacles in the way.
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.
