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依法惩治人被“挂”、脸被“卖”……最高法发布利用网络、信息技术侵害人格权典型案例
news flash· 2025-06-12 02:12
Core Viewpoint - The rapid development of new technologies, particularly AI, necessitates a robust legal framework to protect individual rights and ensure the responsible use of these technologies in society [1][2][4]. Group 1: Legal Framework and Protection of Rights - The implementation of the Civil Code and Criminal Law Amendment (Nine) addresses the need for a comprehensive system to protect personal rights, including privacy and reputation [1][2]. - The courts are actively applying legal provisions to strengthen the protection of personality rights in cases involving the infringement of rights through the use of network and information technology [1][3]. Group 2: Case Summaries and Implications - Case 1 highlights that unauthorized publication of bounty advertisements for criminal information can constitute defamation, emphasizing the need for legitimate purposes in such advertisements [5][6]. - Case 2 demonstrates that unauthorized AI processing of an individual's voice constitutes an infringement of personality rights, reinforcing the legal protection of voice as a personal right [9][10][11]. - Case 3 illustrates that using someone's likeness for "face-swapping" without consent is a violation of portrait rights, stressing the importance of consent in the use of personal images [12][13][14]. - Case 4 shows that inciting online harassment through social media can infringe on an individual's reputation, highlighting the responsibility of account holders to manage their accounts legally [15][16][17]. - Case 5 indicates that the illegal sale of personal facial information can lead to criminal charges, underlining the legal consequences of violating personal information rights [18][20][21]. - Case 6 reveals that illegally controlling home surveillance systems constitutes a serious violation of privacy and information security, emphasizing the need for stringent legal measures against such actions [22][23][24].
以法治精神充分保护民事主体的合法权益
第一财经· 2025-05-30 00:25
Core Viewpoint - The article emphasizes the significance of the Civil Code in protecting the legal rights of civil subjects in China, marking its fifth anniversary since implementation, and highlights its role as a comprehensive legal framework for social life [2][6]. Group 1: Characteristics of the Civil Code - The Civil Code exhibits three main characteristics: targeting, seriousness, and extensibility [3][6]. - Targeting: It provides detailed regulations on personal rights, property rights, and personality rights, establishing a protection logic from birth to death [3]. - Seriousness: The Civil Code demonstrates rigidity in judicial processes, exemplified by a landmark case where a party was ordered to pay 640 million yuan for intellectual property infringement, showcasing the importance of strict intellectual property protection for innovation [4]. - Extensibility: The Civil Code serves as a foundational law that promotes the completeness of the legal system, with new laws like the Private Economy Promotion Law reinforcing its principles [5]. Group 2: Implementation and Impact - The implementation of the Civil Code has led to significant legal outcomes, with over 804,100 cases of personality rights disputes resolved by courts since its enactment [3]. - The Civil Code's independent chapter on personality rights reflects a shift towards comprehensive protection of individual dignity and rights, addressing the evolving needs of society [4][6]. - The ongoing development of specific laws indicates that legal frameworks must adapt to changing circumstances and emerging issues, highlighting the need for a balance between public and private rights [5].
一财社论:以法治精神充分保护民事主体的合法权益
Di Yi Cai Jing· 2025-05-29 14:02
Core Viewpoint - The Civil Code of the People's Republic of China, celebrated its fifth anniversary, has significantly enhanced the protection of civil rights and interests, establishing itself as a comprehensive legal framework for social life [2][6]. Group 1: Characteristics of the Civil Code - The Civil Code exhibits three main characteristics: targeting, seriousness, and extensibility [3]. - Targeting: It provides detailed regulations on personal rights, property rights, and personality rights, establishing a clear framework for rights protection from birth to death [3]. - Seriousness: The Civil Code has shown rigidity in judicial processes, exemplified by a landmark case where a party was ordered to pay 640 million yuan for intellectual property infringement, marking the highest compensation in this field [4]. - Extensibility: The Civil Code serves as a foundational law that promotes the completeness of the legal system, with new laws like the Private Economy Promotion Law enhancing its principles [4][5]. Group 2: Legal Protections and Developments - The Private Economy Promotion Law protects the personal and property rights of private economic organizations and their operators, ensuring that their rights cannot be infringed upon [5]. - The ongoing development of specific laws, despite the clarity of the Civil Code, indicates the evolving nature of legal challenges and the need for continuous legal advancements [5]. - The emphasis on private rights protection, equality, and good faith reflects the Civil Code's role as a fundamental law in the market economy, providing essential guidelines for law enforcement [6].
聚焦服务保障经济社会高质量发展 最高法发布实施民法典典型案例
Xin Hua She· 2025-05-27 07:52
Group 1 - The Supreme People's Court continues to implement typical cases of the Civil Code, focusing on protecting intellectual property rights and supporting the development of new productive forces, which aims to enhance the quality of economic and social development [1] - The case involving the unauthorized use of a person's voice highlights the legal recognition of voice as a personal right, establishing boundaries for new business models and technologies [2] - A case regarding malicious defamation by a customer against a business demonstrates the legal recourse available for businesses to protect their reputation and seek damages for harm caused by false statements [3] Group 2 - Additional typical cases include those related to the infringement of trade secrets in the electric vehicle chassis technology and civil public interest litigation concerning ecological damage, indicating a broader application of the Civil Code in various sectors [4]