Judicial services guarantee the development of the digital economy. Shanghai Court pioneered the four major classification research systems and released 10 typical cases

2023-12-20

In order to better promote the development of the digital economy and ensure Shanghai's construction as an international digital capital, the Shanghai Higher People's Court held a press conference on the afternoon of December 18th, releasing 10 typical cases of service guarantee for the development of the digital economy. With the development of the digital economy, traditional objects and subjects of rights, behavior patterns, and legal relationships have shown digital characteristics, which has also brought a series of new legal issues. It is not only necessary to emphasize the professionalism of "Internet cases" and judicial institutions, but also to form trial concepts and rules that adapt to the characteristics of legal relationships in the digital economy. Based on this, in recent years, Shanghai courts have actively explored judicial research and trial models that are in line with existing trial laws and future development trends. They have established the first national digital economy judicial research and practice base in the Jiading District People's Court of Shanghai, and have pioneered four major classification research systems: "cases involving personal information processing or the use of the network to infringe on other personality rights", "cases involving the protection of property rights and market competition order in data forms", "cases involving the protection of legal obligations and related rights and interests of platform operators/data algorithm users", "cases involving infringement of data form rights and interests, cases involving the use of data technology to implement cybercrime and the prevention and control of black and gray industries". The 10 typical cases released this time, which are sorted out according to the four major classification research systems mentioned above, involve various trial fields such as criminal, civil, commercial, financial, intellectual property, etc. Among them, there are cases involving cutting-edge issues such as data circulation and algorithm application, reflecting the judicial policy and judicial principles of Shanghai courts in ensuring the healthy development of the digital economy in trial work in accordance with the law. For example, the case of determining the reasonable use of employee personal information provides important guidance for determining the reasonable use of employee personal information. The case of examining abnormal consumer transaction behavior in online transactions and clarifying the reasonable boundary of unilateral termination rights of operators provides judicial protection for protecting consumer rights and promoting the healthy development of online shopping environment. The case of using online training platforms to provide pirated question banks has cracked down on illegal activities that infringe on database copyright and clarified the boundaries of protection for compiled works. Next, Shanghai courts will gather new demands for the rule of law in the digital era, further explore and improve mechanisms such as specialized trials and element identification, strengthen case study cultivation and rule extraction, deepen the digital management of the entire chain of digital economy cases, rely on the integrated judicial cooperation mechanism of the Yangtze River Delta, actively expand the cooperation field and depth of the three-dimensional "government industry academia research" think tank consortium, and strive to create a replicable and promotable path for handling digital economy cases. (Lai Xin She)

Edit:Zhoushu    Responsible editor:Jia Jia

Source:http://rmfyb.chinacourt.org/

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