Ensuring high-quality development of the digital economy through active judicial services

2023-12-21

In recent years, China's digital economy has flourished, becoming an accelerator and new engine for high-quality economic and social development. However, during the development process, issues such as data ownership, personal information protection, and unfair competition in data have also emerged. Faced with these new situations and problems, people's courts should take the concept of active justice as the guide, promote the substantive resolution of digital economy disputes, and ensure the high-quality development of the digital economy with high-quality judicial services. Firstly, optimize the business environment for the development of the digital economy through active judiciary. The digital economy is essentially a rule of law economy, and its high-quality development cannot be achieved without a market-oriented, rule of law, and internationalized business environment. The Guiding Opinions of the Supreme People's Court on Optimizing the Rule of Law Environment and Promoting the Development and Growth of Private Economy require strict punishment in accordance with the law for behaviors that disrupt fair competition and market order, such as forced "two choice", big data killing, low-priced dumping, and forced bundling, and guide the development of platform economy towards openness, innovation, and empowerment. People's courts should be proactive in fulfilling their duties, by accurately interpreting and applying laws such as the Anti Unfair Competition Law, the Civil Code, the Personal Information Protection Law, and the Data Security Law, clarifying the reasonable boundaries of competition behavior among market entities, protecting the legitimate rights and interests of private enterprises and entrepreneurs, promoting the improvement of technology, and creating a "stable, fair, transparent, and predictable business environment" for the development of the digital economy. Secondly, to use active judicial measures to safeguard the rights and interests of people in the digital economy field. The development of the digital economy has brought convenience to people's production and life, and has also triggered issues related to safeguarding people's rights and interests such as personal information protection, data property protection, and platform employment and labor relations recognition. When handling these cases, the people's courts should adhere to the development concept of putting the people at the center, combine the characteristics of digital economy and people's livelihood cases, and clarify the reasonable boundaries of personal information protection, rules for the protection of virtual property on the internet, and factors to consider in the determination of employment relations on platforms through the release of typical cases and the formulation of judicial interpretations, in order to protect the legitimate rights and interests of the people in accordance with the law. People's courts should also leverage digital technologies such as cloud computing, artificial intelligence, and blockchain to create a networked, intelligent, and convenient litigation service system, continuously improving the efficiency of trial and execution of digital economy cases. Thirdly, promote digital economy legislation through active judiciary. In the Legislative Plan of the 14th Standing Committee of the National People's Congress, the second type of project is the draft law that needs to be urgently worked on and submitted for review when conditions are ripe, including the Digital Economy Promotion Law. The third category of projects is legislative projects that are not yet fully equipped and require further research and argumentation, including legislative projects related to data ownership and network governance. In the field of digital economy, there is significant uncertainty in the expected effect of legislation, and it is even more necessary to play the leading role of the judiciary. In recent years, courts in various regions have handled many major digital economy dispute cases, and the judgment rules formed by these cases have played an important role in promoting the revision of the Anti Unfair Competition Law, the E-commerce Law, and the legislation of the Digital Economy Promotion Law. People's courts should strengthen their research on issues such as unfair competition in data and platform governance, strengthen their communication with departments such as the National People's Congress and the Central Cyberspace Administration, transform mature judicial rules into legislative recommendations, and promote digital economy legislation. Fourthly, promote digital economic governance through active justice. can

Edit:Zhoushu    Responsible editor:Jia Jia

Source:http://rmfyb.chinacourt.org

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