Evening of September 15th,The eighth session of the bet365 app Digital Law High-end Forum was successfully held in the North Building of Huagangyuan, Qingdao Campus of Shandong University。Professor of Tsinghua University Law School、Doctoral supervisor Shen Weixing is the guest speaker of this forum,Sharing on the theme of "Best slot on Bet365 Property Rights: From Separation of Two Rights to Separation of Three Rights"。This forum is sponsored by bet365 app、Professor Zhou Changjun, Dean of Law School (Weihai), presided over,Professor Zhang Pinghua, Director of the bet365 App Institute of Civil and Commercial Law, served as the negotiator,More than 100 teachers and students participated in the forum。
The beginning of the lecture,Shen Weixing proposed that Best slot on Bet365 is the core element of the development of digital economy,The introduction of the “Twenty Best slot on Bet365 Articles” indicates the establishment of a structurally separated Best slot on Bet365 property rights system、Perfecting the Best slot on Bet365 ownership distribution rules has become the logical starting point for the construction of the entire Best slot on Bet365 infrastructure system。By comparing the separation of three powers bet365 casino live blackjackin rural land system reform,He interpreted the separation of three rights in Best slot on Bet365 property rights。Continue,Shen Weixing discusses from four aspects。
bet365 live online casinoThe lack of Best slot on Bet365 ownership has become the biggest obstacle to the development of the digital economy。The status quo is: legislators have a conservative attitude,However, there is a phenomenon of law-making in the judicial field;Adhere to an upright attitude in national legislation,Although local legislation is increasingly innovative, there are still problems such as lack of legislative authority。The central government attaches great importance to the construction of the Best slot on Bet365 property rights system,Although there are policies issued, they have not been translated into laws。There are also different opinions among scholars。Opponents think,On an economic level,Best slot on Bet365 empowerment will cause Best slot on Bet365 as a public good to become private,Influence the essence of digital economy;The transaction costs increased by confirmation of rights will hinder the circulation of Best slot on Bet365;The characteristics of the Best slot on Bet365 itself also determine that the authority cannot be confirmed。On a legal technical level,Existing contractual claims、Liability rules in common law can provide ideas and methods for solving such problems。Shen Weixing believes that empowerment should be given,From the perspective of legislative technology and procedures,Article 127 of the Civil Code、Article 7 of the "Best slot on Bet365 Security Law" shows that legislators have a protective attitude towards this and provide a path for protection,But the existing legislation cannot solve the problem of Best slot on Bet365 rights confirmation,There is also a lack of legislative authority in various places。From an entity’s perspective,Best slot on Bet365 empowerment can avoid the tragedy of the commons,Out of the Law of the Jungle,Encourage technological innovation,Implement the concept of “persistence and perseverance”。
The second is how to empower?Shen Weixing thinks,Best slot on Bet365 empowerment must first persist from point to line、Thinking from lines and volumes,It is necessary to grasp the intrinsic relationship between the concepts of "Best slot on Bet365", "information" and "privacy",Also admit the differences。Secondly, objectify the Best slot on Bet365 in the horizontal dimension、Three-level separation of subjects and rights: Strictly distinguish information and Best slot on Bet365 at the level of rights objects,Distinguish between Best slot on Bet365 sources and processors at the rights subject level,Distinguish between Best slot on Bet365 ownership and usufruct rights at the level of rights content;The life cycle of Best slot on Bet365 generation in the vertical dimension,Divide Best slot on Bet365 into Best slot on Bet365 collection stages、Best slot on Bet365 processing stage and Best slot on Bet365 product stage,And form a three-level progressive logical chain of "Best slot on Bet365 resources-Best slot on Bet365 collection-Best slot on Bet365 products"。The core issue that needs to be solved here is whether to distinguish and empower information and Best slot on Bet365 respectively。Shen Weixing summarized different views on the distribution of rights between users and platforms through cases,Support in Sina v. Maimai case,Judges who use a third party to obtain user information should adhere to the "triple authorization" principle of "user authorization + platform authorization + user authorization"。Although the platform is the core of authorization,But the essence of the boundary and legality issues of Best slot on Bet365 crawling between platforms is the choice of Best slot on Bet365 by platform users。
Three, who is empowered?The platform invests a lot of capital in the formation of Best slot on Bet365、Technology and labor,Other subjects such as individual users also made contributions。Shenxing believes that the existing three Best slot on Bet365 empowerment models have limitations,The process of marketization of all factors requires the separation of two rights,Therefore we must adhere to the idea of dividing rights,Learned from the division method of property rights-other property rights and copyright-neighboring rights,Thus giving ownership to the user who originated the Best slot on Bet365、The establishment of the usufruct rights of the Best slot on Bet365 processor’s platform is consistent with logic and facts。Best slot on Bet365 usage rights realize the distribution of permissions between users and enterprises,At the same time, it can mediate conflicts of interest between platform companies。Therefore Best slot on Bet365 empowerment is necessary,The key is how to translate policy language into legal rights。Three rights are the specific expressions of Best slot on Bet365 usufruct rights in three stages,Best slot on Bet365 usufruct is the basis and conversion interface for the determination of the three rights。Countries around the world are faced with the problem of Best slot on Bet365 ownership and distribution of rights,Experience shows that the system design of Best slot on Bet365 property rights must achieve the separation of two rights,In order to make the usufruct more independent、Stable and reliable。
Fourth is the boundary of rights.Shen Satellite believes that Best slot on Bet365 ownership is weak ownership,The implementation needs to recognize the difference and relationship between information and Best slot on Bet365,From fair use to statutory permission at the same time、Compulsory licensing and then adhering to the FRAND principle to restrict the use of rights。The "Twenty Best slot on Bet365 Articles" stipulate separately the circulation and utilization of Best slot on Bet365 by different subjects: public Best slot on Bet365 does not carry the increased use of personal information,Enterprises obtain usufruct rights in accordance with laws and regulations and must increase openness,Respect the handling of personal information,Promote the anonymization of personal information。Finally, Shen Weixing concluded that Best slot on Bet365 faces the problem of institutional innovation when entering the market,Only by correctly grasping the relationship between the separation of two powers and the separation of three powers,Only then can we realize the proper positioning of user Best slot on Bet365 ownership and platform enterprise Best slot on Bet365 usufruct rights,And through the restriction of power, everyone can keep their own boundaries,Finally promote rights to go their own way,Promote the vigorous development of the digital economy。
Negotiation stage,Professor Zhang Pinghua’s object of Best slot on Bet365 property rights、How to build a bridge to bridge the gap between traditional civil and commercial law norms and the digital economy,Explained his own point of view。
Zhou Changjun summarized the lecture,Shared his understanding of the separation of two powers and the separation of three powers。The lecture ended with warm applause。
Speaker’s introduction:Shen Satellite,Professor of Tsinghua University、Doctoral Supervisor,Special Government Allowance Expert from the State Council,The 7th "National Ten Outstanding Young Jurists",Vice President of the Network and Information Law Research Association of the China Law Society,Deputy Director of Computing Law Branch of China Computer Federation (CCF)。Presiding over multiple fund projects;Published 17 monographs and textbooks including "Research on the Basic Theory of Expectation Rights";Published more than 60 legal academic papers。
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