Strengthen data resource protection and promote high-quality development of Internet judicial governance
2024-05-24
Looking forward to the future and moving towards the era of big data and artificial intelligence, Internet justice should grasp the opportunities brought about by the reform and development of information technology with a global vision and a scientific attitude, continue to promote the reform and innovation of Internet justice, fully highlight the functional orientation of "the incubator of governance by law in Internet space", and contribute judicial power to the construction of a data property system with Chinese characteristics with clear guidance and complete rules. Zhang Jun, President of the Supreme People's Court, pointed out that "to serve high-quality development with active performance of duties", "the key is to perform duties with active performance and shoulder the new and greater responsibility entrusted to the people's courts by promoting Chinese path to modernization". These important statements are an innovation and development of Marxist productivity theory, with important theoretical value and practical significance for accelerating the development of the digital economy. They provide guidance and direction for the high-quality development of various work of the people's courts. Under the new situation that data resources have become an important engine to promote high-quality economic and social development and a new round of global scientific and technological revolution is vying for the commanding heights, how the judiciary should take this as a guide, closely follow the new situations and new problems such as data property rights, circulation transactions, income distribution, and security governance that arise in the development of the data industry, continue to output high-quality Internet judicial supply, fully release the development potential of data elements, and make new quality productivity become a new driving force for high-quality economic and social development in the new era, is undoubtedly a major issue that the people's court urgently needs to study and solve. As a major institutional innovation for the judiciary to actively adapt to the development trend of the Internet, the Hangzhou Internet Court, since its inception, has accurately grasped the regular characteristics of new Internet disputes, and has been committed to exploring specialized trial mechanisms, professional judicial thinking and systematic governance rules that match the characteristics and development trend of data resources, providing valuable experience and fresh samples for building a more secure, transparent and efficient judicial protection rules system for data resources. Here, the author combines the actual work of the Hangzhou Internet Court to talk about some practices and thoughts to promote the high-quality development of Internet judicial governance from the perspective of data resource protection. Focus on mechanism reconstruction and be the "pioneer" of Internet judicial model. As the product of judicial reform and innovation, the most distinctive feature of the Internet court is that it keeps up with the pace of information technology development and keeps innovating. Under the background that data has become a new type of production factor that has transformed the traditional production mode and unleashed new quality productivity momentum, the Hangzhou Internet Court has given full play to the positive superposition effect of the advantages of the first trial system and centralized jurisdiction resources, actively embraced the wave of digitalization and intelligence, adhered to the need for specialization and rule of law in data rights and interests trial, promoted data elements to play the multiplier effect, and constantly reinvented the process, reshaped the mechanism and iteratively updated the judicial model. One is to continuously iterate and upgrade the new model of online litigation throughout the entire process. Optimize and upgrade the application of technology such as Internet court litigation platform, electronic evidence platform, online mediation platform, and judicial blockchain, comprehensively create a new system of all-weather, one-stop, inclusive and accurate modern litigation services, and strive to make "the least process, the shortest time, the most open case handling, the best service, the best experience, and the most practical delivery" an important content and distinctive logo of Internet court modernization. Second, we will continue to promote the transformation and upgrading of Internet justice from online to intelligent. Deepen the research and development of intelligent auxiliary applications covering the entire judicial process of filing, trial, and execution, explore the application of metaverse technology in the reform of court trials, achieve the digitization and intelligent auxiliary trial of "data element related cases" throughout the entire process, and create a new model of digital courts in the digital economy era. The third is to continuously deepen "digital decision-making" with "platform+brain" as the core. Efforts will be made to promote the multi-dimensional analysis and utilization of judicial digital brain, scientifically analyze and judge judicial trial work data, and form a real-time panoramic display of court business, including three-dimensional digital portraits of judges, cases, and parties. This will provide digital assistance in internal supervision and management, effectively improving the modernization level of court management. Relying on massive judicial data, we will accurately study and judge new situations and problems arising from cyberspace governance, form a series of judicial big data special reports on platform economy, Internet finance, e-commerce, Internet intellectual property, and comprehensively improve the ability to perceive, predict, and prevent Internet disputes, providing strong support for scientific decision-making and social governance of the party and government. Focus on rule based governance and be a model for protecting data rights. Data resources are new economic resources that create value and are the core elements of building a digital China. In the current situation where the specialized data legislation is relatively lagging behind, we must adhere to the action logic of "setting the yardstick, clarifying the boundary, and promoting governance", make up for the relative lag of legislation with judicial adaptability, flexibility, and inclusiveness, give full play to the leading, regulating, promoting, and safeguarding functions of Internet judicial adjudication for the development of new quality productivity, promote the establishment of a compliant and efficient data element circulation and trading system with high-quality judicial services, and improve the rule governance system covering the full cycle of data property rights, forms, ownership, and public data sharing mechanisms. One is to adhere to the referee orientation of fair competition and encouraging innovation, and set a benchmark for the rational allocation of data rights. In order to effectively solve the governance problems in promoting data flow, reflecting fair distribution, and ensuring data security, in recent years, the Hangzhou Internet Court has innovated the concept of data property rights around the "20 rules of data", adhered to the concept of "inclusiveness and prudence" and "encouraging sharing", actively explored the "three rights separation" operation mode and protection mechanism of data property rights, and released the value of data elements to the greatest extent, achieving positive results. For example, in the trial of the first national case on the legal attributes and rights protection of data products, it was clarified that network platform operators have competitive property rights over the big data products they develop, filling the gap in judicial protection of data product rights. In the "Social Platform Data Crawling Case", it is clear that operators have competitive rights over the overall data resources of the platform based on factors such as platform investment and data value. The second is to adhere to the method of scenario based and classified decision-making, and to "clarify boundaries" in the rational use of data. In the trial of the "case of commercialized use of public data", the Hangzhou Internet Court made it clear that enterprises should follow the principle of legitimate source, the principle of information timeliness, the principle of ensuring information quality, and the principle of sensitive information verification when using public data, and established the legitimacy boundary of commercialized use of public data. In the trial of the case of obtaining dealer databases through collision, it was clarified that the dealer database is derived data formed through desensitization, aggregation, and processing, which has commercial value and can be protected. Others should follow the principles of legality, legitimacy, and necessity when obtaining relevant database information. The third is to adhere to a systematic legal thinking and promote governance in balancing the value of data utilization and protection. In recent years, the Hangzhou Internet Court has systematically considered the legal interests of all parties with systematic thinking, sought the best balance between information security and data resource utilization, properly heard a number of disputes involving personal information protection and data utilization in accordance with the law, and effectively promoted the efficient circulation and rational use of data resources. For example, in the concluded civil public interest litigation case of "crawling and selling order transaction information data infringing on personal information", it is clear that the illegal use of "crawler software" to crawl customer order transaction records of e-commerce stores and sell them to others for profit has infringed on various unspecified rights and interests of the information subject, such as property and personal safety, and should bear the consequences of infringing on social public interests. Focus on social governance and become the "leader" of cyberspace governance. Internet justice contains the basic inherent function based on network dispute resolution and the extended service function of actively integrating justice into the whole network social governance to ensure the high-quality development of new quality productivity. Faced with the demand of promoting the construction of data element market and accelerating the establishment and improvement of data property rights system put forward by the development of the data industry, Hangzhou Internet Court extended the judicial governance space from case trials to regular governance of the network society, and actively built a diversified data governance pattern that dynamically balances development and security, fairness and efficiency. One is to strengthen service collaboration with government departments such as the Big Data Resource Management Bureau and the Intellectual Property Office, promote the development and opening up of public data in accordance with the law, inject new momentum into the establishment of a standardized and orderly data element market, and accelerate the circulation and utilization of data resources. The second is to jointly build a cross-border digital trade judicial platform, explore normalized information exchange and sharing mechanisms between courts and government departments, explore the construction of secure, controllable, flexible and inclusive data governance standards, and work together to promote the modernization of data governance systems and governance capabilities. Third, give full play to the functions of judicial advice, judicial big data analysis report, and online behavior guidance to fill, elaborate, and correct policy, legislation, industry norms, etc., continue to strengthen the governance effectiveness of Internet justice in adjusting and improving the distribution of data interests, data circulation and utilization, data security, and promote the transformation of data governance from "curing the disease" to "curing the disease before it". In the process of hearing disputes over network service contracts, the Hangzhou Internet Court keenly found that there was a risk of users' personal information leakage in a case where e-commerce platform merchants used logistics companies to deliver services. It timely refined the case problems into compliance judicial recommendations, reminded logistics companies to de identify express electronic waybills, improved and standardized users' personal information security, and provided practical examples to strengthen information security source governance and help enterprises build a data compliance governance model. Looking forward to the future and moving towards the era of big data and artificial intelligence, Internet justice should grasp the opportunities brought about by the reform and development of information technology with a global vision and a scientific attitude, continue to promote the reform and innovation of Internet justice, fully highlight the functional orientation of "the incubator of governance by law in Internet space", and contribute judicial power to the construction of a data property system with Chinese characteristics with clear guidance and complete rules. Efforts should be made to make Internet courts an "important window" to demonstrate the advantages of the socialist judicial system with Chinese characteristics. (Liao Xinshe) (Author Chen Zengbao, the third national trial expert, president of Hangzhou Internet Court)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://rmfyb.chinacourt.org
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
