数据财产权
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以中国民法学自主知识体系构建保障民法典全面有效实施
Xin Lang Cai Jing· 2026-01-02 17:26
Core Insights - The implementation of the Civil Code in 2025 marks a significant milestone, with scholars proposing constructive academic viewpoints to support its effective execution and the development of civil law in China [2][3][23] Group 1: Theoretical Research on General Principles - The transition from legislative theory to interpretative theory in civil law research highlights the importance of legal methodology, emphasizing the need for a self-sufficient legal interpretative system to serve legislative and judicial practices [3][22] - Scholars suggest that the principle of non-retroactivity should be upheld in the application of new laws, with exceptions strictly regulated to ensure legal stability and fill gaps in existing laws [3][4] Group 2: Corporate and Non-Profit Legal Structures - The classification of profit-making and non-profit legal entities reflects unique Chinese elements, with proposals to recognize and regulate "public welfare profit-making entities" to enhance efficiency in public welfare sectors [4][5] - The legal framework for rural collective economic organizations is characterized by specific attributes regarding membership, property, governance, and continuity, which require tailored legal norms [4] Group 3: Data and Virtual Property Rights - The Civil Code recognizes data and virtual property as legal assets, with scholars advocating for separate legislation to protect data property rights and address the unique characteristics of virtual property [5][6] - The establishment of a unified data property registration system is deemed essential for the development of a comprehensive data property rights framework [7] Group 4: Property Rights and Land Reform - The Civil Code's provisions on property rights support rural land system reforms, emphasizing the need to enhance farmers' property rights and facilitate the flow of resources between urban and rural areas [6] - Scholars argue for the synchronization of land use rights reform with property rights to ensure effective resource allocation and protection of farmers' rights [6] Group 5: Contract Law and Liability - The Civil Code's contract section innovatively functions as a de facto general debt law, addressing the need for a coherent legal framework in contract disputes [8][11] - The principle of compensation for breach of contract aims to restore the non-breaching party to their original position, balancing interests through predictable compensation limits [8][10] Group 6: Personality Rights and New Technologies - The independent chapter on personality rights in the Civil Code provides a framework for protecting individual rights in the context of emerging technologies, emphasizing the need for robust personal information protection [12][13] - Scholars highlight the importance of adapting legal protections to address new risks associated with advancements in technology, such as brain-computer interfaces [13][14] Group 7: Family Law and Property Distribution - Recent judicial interpretations in family law address common issues such as property distribution and the implications of financial contributions from parents to children's marriages [14][15] - The legal treatment of divorce agreements is complex, requiring careful consideration of both personal and property aspects within the framework of contract law [16] Group 8: Inheritance Law - The dual function of the代位继承制度 (substitutional inheritance system) allows for a broader interpretation of inheritance rights, accommodating the wishes of the deceased [17] - Ongoing debates regarding the effectiveness of bequests highlight the need for further research to clarify the relationship between property rights and inheritance law [17] Group 9: Tort Liability and Emerging Challenges - The rise of generative artificial intelligence presents challenges for tort law, with calls for a shift from strict liability to fault-based liability for service providers [18][19] - The responsibilities of property management companies in ensuring safety against falling objects are emphasized, with a clear distinction between direct and supplementary liability [19][20] Group 10: Mental and Emotional Damages - The introduction of a dual liability system for mental and emotional damages marks a significant advancement in the protection of personality rights, aligning with global trends [21] - Scholars propose a structured approach to defining "serious mental damage" to enhance the operability of legal standards in this area [21]
专家观点:数据共享中的数据再利用规则
3 6 Ke· 2025-12-03 02:27
Core Viewpoint - The Supreme People's Court has established systematic adjudication rules for data rights disputes, affirming the legality of data transfer through associated account services with user authorization, as highlighted in Guiding Case No. 263 [1][2]. Group 1: Necessity and Legitimacy of Data Sharing - Data sharing is essential as it allows data collectors to share their collected data, forming a contractual relationship between collectors and sharers, with low marginal costs for sharing [3]. - The shift from a property-centric view to a utilization-centric view emphasizes the importance of data sharing for maximizing its value [3]. - Associated account services exemplify data sharing, reducing user management burdens and enabling timely updates and comparative analysis of information [3][4]. Group 2: Benefits of Open Interface Data Sharing - Open interface data sharing facilitates unified management of multiple accounts, reducing the costs associated with frequent registrations and platform management [4][5]. - The convenience of one-click login features, such as WeChat's, significantly enhances user experience by simplifying the login process [5]. - Data sharing aligns with national policies aimed at promoting efficient data circulation and empowering the real economy [6]. Group 3: Market Competition and Service Quality - Open interface data sharing can enhance market competition and service quality, countering the misconception that it reinforces platform monopolies [7]. - The ability to transfer data freely encourages platforms to improve their services, thereby benefiting users and fostering a competitive environment [7]. Group 4: Data Rights and Limitations - Data rights for recipients depend on user authorization, with the need for clear agreements between data providers and recipients [9][10]. - Data recipients must not infringe on the rights of data sources, and their use of data must align with the original purpose for which it was authorized [14][15]. - The transfer of data must not disrupt the normal operations of associated platforms or violate commercial ethics, as established in Guiding Case No. 263 [16]. Group 5: Conclusion on Data Value - The value of data lies in its shared circulation rather than exclusive acquisition, necessitating the exploration of rules that protect user rights while enabling data sharing to activate its full potential [17].