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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
王利明 □2025年是民法典实施的第五年。广大民法学者以习近平法治思想为指导,面向市场经济、面向科技发 展、面向司法实践,提出了许多富有建设性的学术观点,有力推动了中国民法学自主知识体系的构建, 为全面有效实施民法典提供理论支撑。 □民法典颁布后,我国民法学研究从立法论时代迈向解释论时代,法学方法论研究的重要性日益凸显, 并成为民法学研究的重要课题。中国应构建自主的法释义学体系,以服务于立法与司法实践。 □"十五五"规划建议强调,"坚持和落实'两个毫不动摇',促进各种所有制经济优势互补、共同发 展。""依法保障人身权、财产权、人格权,健全规范涉企执法长效机制,防止和纠正违规异地执法、趋 利性执法。"这必将为民法典的全面有效实施和民法的发展、完善提出新的要求,注入新的动力。 2025年是民法典实施的第五年。在过去一年中,民法典实施中出现的新情况、新问题急需回应,大数 据、人工智能的发展迫切需要依法治理,高水平市场经济体制的构建需要法治充分保障。广大民法学者 以习近平法治思想为指导,面向市场经济、面向科技发展、面向司法实践,提出了许多富有建设性的学 术观点,有力推动了中国民法学自主知识体系的构建,为全面有效实施民 ...
一批新规正式施行 事关社会治安、保育教育、网络安全等多方面 一文了解↓
Yang Shi Wang· 2026-01-01 08:03
Group 1: Social Security and Education - New regulations regarding social security and education will take effect on January 1, 2026, addressing issues such as exam cheating and public safety [2] - The revised law includes penalties for behaviors like high-altitude throwing, unauthorized drone flights, and negligence leading to animal harm [2] Group 2: Early Childhood Education - A new notification on early childhood education fees mandates that public and non-profit private kindergartens must follow government-guided pricing for tuition and accommodation [4] - For profit-oriented private kindergartens, fees will be subject to market regulation, and a clear fee list must be established and publicly displayed [4] Group 3: Electric Vehicles - A mandatory energy consumption standard for electric vehicles will be implemented, requiring necessary technical upgrades for new products [6] - For vehicles weighing around 2 tons, the new standard limits energy consumption to no more than 15.1 kWh per 100 km, potentially increasing the average driving range by approximately 7% [6] Group 4: Taxation - The new VAT law will come into effect, marking a significant step in establishing legal frameworks for taxation in China [8] - With the introduction of this law, 14 out of 18 existing tax types will now have legal statutes, enhancing the principle of tax legality [8] Group 5: Personal Credit - A one-time credit repair policy will be enacted, allowing for automatic adjustments to credit reports based on repayment conditions starting January 1, 2026 [10] - Overdue records from January 1, 2020, to December 31, 2025, will not appear on credit reports if specific conditions are met [10] Group 6: Cybersecurity - The revised cybersecurity law will support AI research and development, focusing on risk monitoring and safety regulation [12] - The law aims to enhance the infrastructure for AI, including data resources and computing power, while promoting ethical standards [12] Group 7: Civil Cases - The updated civil case regulations will include disputes related to data and virtual property, expanding the total number of case types to 1,055 [14] - The revisions also address intellectual property, competition disputes, and protections for new employment forms and elderly rights [14]
新华社权威快报丨2026年1月1日起,一批新规将施行!一起来看
Xin Hua She· 2025-12-30 05:01
2026年1月1日起,一批新规将施行,事关社会治安、保育教育、电动汽车、网络安全等多方面,更好回应群 众关切,护航美好生活,增添发展活力……一起来看,哪些你最关注? 幼儿园收费需列清单并公示 《关于完善幼儿园收费政策的通知》1月1日 起施行。通知明确,公办幼儿园、普惠性和其他 非营利性民办幼儿园的保教费、住宿费实行政府 指导价,营利性民办幼儿园的保教费、住宿费及 各类幼儿园的服务性收费和代收费实行市场调节 价。对幼儿园收费实行目录清单管理,建立各地 服务性收费和代收费、幼儿园本园收费两张目录 清单,并加强收费公示,未在清单内或未经公示 一律不得收费 电动汽车企业须对产品进行必要技术升级 全球首个电动汽车电耗限值强制性标准《电 动汽车能量消耗量限值 第1部分:乘用车》(GB 36980.1-2025) 1月1日起实施。新标准实施 后,企业必须对新出厂的产品进行必要的技术升 级。以2吨左右的车型为例,新标准要求百公里 电耗不应超过15.1度电,技术升级后,在电池容 量不变的情况下,电动汽车的续航里程平均将提 高约7%,驾驶者体验将得到显著改善 根据中国人民银行发布一次性信用修复政策 有关安排,自2026年1月1日 ...
新办的手机号,却登上了已故歌手李玟的账号?律师解读
Bei Jing Ri Bao Ke Hu Duan· 2025-10-12 11:35
Core Points - The incident involving a new user logging into a celebrity's account due to a "reissued number" highlights potential vulnerabilities in account security and privacy protection [1][4] - Legal interpretations suggest that online accounts can be considered a part of personal property, with implications for privacy and inheritance rights [6][7] - The responsibilities of telecom operators and platforms in managing account security and user data are under scrutiny, particularly regarding the reissuing of phone numbers [8][9] Group 1: Incident Overview - A new user received a verification code for a music platform and accessed a celebrity's account, revealing issues with number reissuance by telecom operators [1] - The platform confirmed the incident and took immediate action to unlink the account from the new user's phone number [1] Group 2: Legal Implications - Accounts are viewed as virtual property under the law, with user rights and privacy protections outlined in civil law [6][7] - The handling of account access after the original user’s death raises questions about privacy and inheritance rights [7] Group 3: Responsibilities of Telecom Operators and Platforms - Telecom operators have a duty to ensure that reissued numbers are not linked to important accounts, though this is not an absolute guarantee [8] - Platforms must take necessary measures to protect user data and may face legal consequences for failing to do so [9][10]
这四类案件下月起由互联网法院集中管辖,最高法阐释调整意图
Xin Jing Bao· 2025-10-11 05:35
Core Points - The Supreme People's Court has issued new regulations for internet courts, centralizing jurisdiction over four types of internet-related cases starting from November 1, 2025 [1][2] - The new regulations expand the jurisdiction of internet courts to include cases related to data ownership, personal information protection, virtual property, and unfair competition [2][4] - Traditional internet-related cases have been removed from the jurisdiction of internet courts, which will now focus on new and complex cases [3][4] Summary by Sections Changes Compared to Previous Regulations - The new regulations add four categories of cases to the jurisdiction of internet courts, including data ownership disputes and personal information protection [2] - Previously, internet courts handled eleven types of disputes, but the new rules streamline the focus to more complex and emerging issues [2][3] Professional Capacity of Internet Courts - Internet courts have developed specialized judicial capabilities to handle new types of internet cases, having previously dealt with significant cases like the first national big data product ownership case [4] - The courts have a team of judges experienced in both law and technology, ensuring effective handling of disputes involving data and algorithms [4] Long-term Considerations - The concentration of jurisdiction in major digital economy hubs like Beijing, Hangzhou, and Guangzhou allows for a more effective response to cutting-edge legal issues [5] - The new regulations aim to clarify legal standards and unify the application of laws across different courts, addressing inconsistencies in the treatment of data-related disputes [5][6] - The adjustments are expected to enhance judicial protection of personal information and virtual property, while also regulating new forms of unfair competition in the digital space [6]
一年不登录就删号!游戏公司有权一键清零吗?
猿大侠· 2025-08-04 04:12
Core Viewpoint - The recent controversy surrounding NetEase's game account deletion policy has sparked significant backlash from players, who feel that the automatic deletion of accounts after one year of inactivity is unfair and constitutes a violation of their rights [1][2][3]. Group 1: Account Deletion Policy - NetEase's service agreement states that if a user does not log in for 365 consecutive days, the platform reserves the right to delete the account and all associated game data [2]. - This clause was first introduced in the updated agreement in November 2022 [2]. - Many players reported not receiving any notification regarding the deletion, and customer service responses were vague, further aggravating player dissatisfaction [3]. Group 2: Player Sentiment - Players expressed strong emotional responses, highlighting that their accounts contain years of memories and real monetary investments, equating the deletion to losing personal property without notice [4]. - Some players argued that even if they stop playing, it does not mean they relinquish their rights to their accounts [4]. Group 3: Legal Perspectives - Legal experts suggest that if game companies fail to provide reasonable notification or set unreasonable deletion timelines, such clauses could be deemed invalid and infringe on users' property rights [5]. - Courts have recognized game accounts as "virtual property," which includes not only usage rights but also certain ownership and disposal rights, especially concerning monetary investments made by players [5][6]. Group 4: Industry Comparisons - NetEase maintains that users do not own their accounts but have "limited usage rights," allowing the platform to enforce the deletion policy [6]. - In contrast, other major gaming platforms like Steam and Epic do not delete accounts or purchased content due to inactivity, indicating a different approach to user rights [6]. Group 5: Regulatory Context - Starting January 2025, California's digital goods protection law AB 2426 will require platforms to clarify that users receive "licenses" rather than ownership, aiming to prevent consumer deception [9]. - Despite this, the law does not authorize platforms to revoke user content without notification [9]. Group 6: Emotional and Ethical Considerations - Players desire to retain their accounts even if they are not actively playing, emphasizing the emotional and financial investments involved [10]. - There are calls for platforms to provide notifications, grace periods, and data backup mechanisms before account deletion, highlighting the need for more humane and transparent communication from companies [10][11].