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"China Social Sciences Journal": Innovative Legal Theory in the Digital Era
Author:        Release time: 2022-03-16        Reading volume:

Our reporter Zhang Qingli

In recent years,5G、Internet of Things、Cloud computing、Big data、Artificial Intelligence、New technologies and new applications such as blockchain,is widely and profoundly changing human production and lifestyle。Being in the ever-changing digital age,While mankind is ushering in new opportunities for development,Also facing new problems and challenges。Without a doubt,The construction of digital China cannot be separated from the comprehensive construction of the theoretical system and institutional norm system of the digital rule of law system。March 10,The first high-end data law forum hosted by bet365 app was held online,Participating scholars discussed in depth the innovation of legal theory in the digital era。


Digital transformation leads to iterative upgrade of legal science

Enter the digital society,People’s production and lifestyle、Values、Profound transformation in behavioral patterns,Calling for the iterative upgrade of the modern legal system。To create a good digital ecology,Our country has promulgated laws and regulations such as the "Data Security Law" and the "Personal Information Protection Law"。To promote the orderly development of digitalization,December 2021,The Central bet365 live casino and sports bettingCybersecurity and Informatization Commission issued the “14th Five-Year Plan” National Informatization Plan,Proposed to establish and improve a standardized and orderly digital development governance system。In Shanghai Court,An artificial intelligence case handling system named "206 System",Integrated image and text recognition、Natural language understanding、Intelligent speech recognition、Judicial entity identification、Entity relationship analysis、Artificial intelligence technology such as automatic extraction of judicial elements,Not only improves the efficiency of court hearings,The project enhances the basisability of case trials: in Zhejiang,The major reform of “Zhejiang Global Digital Court” has been fully promoted。

Exploration and innovation in my country’s digital rule of law practice,Stimulated thinking in legal theory circles。Data Law、Digital Law、Future Law、Research fields such as computational law emerged as the times require。"Although these titles have their own emphasis,But they are actually developed around technology,Especially research on the legal challenges brought to mankind by network digital technology。"Hou Xuebin, Director of the Family Justice Research Center of Jilin University Law School。

In recent years,Labor disputes on online platforms have become a new legal issue in the digital society。To this,Ma Changshan, Dean of the Digital Rule of Law Research Institute of East China University of Political Science and Law said,Facing new problems in the digital age,Physical logic should no longer be used to explain phenomena and behaviors in the information society,This should not be limited to the traditional educational law or social science law framework。Enter the digital age,Based on the physical era、Modern law based on Roman law,No longer ontologically adaptable to the requirements of the digital age,Necessary transformation and upgrading。


Grasp the relationship and logic of digital society

Enter the digital age,What innovations should be made in modern legal science?Hou Xuebin’s introduction,In recent years,Legal research around digital technology,From the introductory、Broadness to in-depth interpretation、Domain specificity,Research questions continue to diverge、The depth continues to increase。Because of the accumulation bet365 live online casinoof practical experience and rich experience in research,Research gradually shifts from constructive to reflective,The original theoretical paradigm is constantly being broken,From unitary research to cross-integration research。

In Ma Changshan’s view,If only digital technology was used as a method to expand modern legal science、Innovation strategies and optimization paths,This is essentially just functionality、Expansion of scope and understanding methods,The understanding of the legal changes brought about by the information revolution is still not deep enough。Innovation relative to methodology,There are also scholars who are revolutionary in epistemology,Consider digital law as moving from induction and deduction to digital analysis、From knowledge rationality to computational rationality、Paradigm transformation from human cognition to machine cognition。Beyond the methodology and epistemology approach,Ma Changshan proposed the theoretical concept of digital law in the ontological sense。

Emerging digital society,Has operating rules different from those of physical society,New social relationships and logic formed。“In the digital society,The center of mobilizing all resources is information,The main behaviors are digital behaviors that are different from purely biological behaviors。The order of digital society is algorithmic order,Social governance is no longer hierarchical governance,But node governance。" Ma Changshan analyzed that,The digital revolution of modern legal science needs to be oriented to the new phenomena and issues arising from the digital society,is the relationship between digital production and life、Academic interpretation and theoretical expression of behavioral laws and social order。Any legal phenomenon involving the digital society,All fall within the adjustment scope of digital law。

“Legal research on digital society is becoming an academic hot spot。"Hou Xuebin thinks,Future,First of all, we must deepen the research on data ontology,Study the nature of data and the interests and rights it carries in a general sense,With the accumulation of judicial practice experience,Continuously reflect on whether existing theories can provide sufficient justification and explanation for practice。Secondly, bet365 Play online gameswe need to deepen the research on data application。The application of data in the judicial field,Contributes to the advancement of quantitative empirical research methods,For specific problems that arise during the application process,The academic community needs to carry out scalable “data application + N” research。


Carry out interdisciplinary digital legal research

With interdisciplinary cooperation and integration,Legal research under the digital perspective is constantly breaking through traditional law。Ma Changshan emphasizes,Legal issues should be considered from a numerical standpoint,Carry out proposition refinement and practical innovation,Strengthening cross-fusion research。

“Digital stance means dealing with legal issues in digital society,First of all, we need to understand the carrying and application process of digital information to a certain extent。"Hou Xuebin thinks,Don’t understand numbers、The natural science object for which the data is oriented,Just apply traditional legal norms and theoretical paradigms to explain legal issues in digital society,It’s not enough。Only based on the understanding of the "translation" process of information and computers,In order to study or define the theoretical issues in this process,This requires long-term cooperation between the law major and the computer major。

However,Does jurisprudence in the digital age mean the complete “abandonment” of modern jurisprudence?Bet365 app Dean Zhou Changjun thinks,On the one hand,Can connect and intersect traditional academic context with new digital legal research: on the other hand,Legal research under the digital perspective,Path dependence on traditional theories should be avoided,Break through the inertia of thinking as much as possible,Entering the logical context of digital society,Carry out legal research on the rule of law for practical issues。

Ma Changshan also said,Legal concepts of digital law、Principles and Rules,Part of it requires an expansionary reinterpretation of the modern legal system,Part of it needs to construct a new theory based on the laws of digital behavior,There is also a part that requires a personal relationship unique to the digital space、Property relations、Explore the principles of social relationships。

Legal research in the Bet365 lotto reviewdigital era has put forward urgent requirements for the innovation of the existing legal discipline system and talent training methods。The reporter learned during the interview,Currently many universities have established modern artificial intelligence law schools,By offering different courses,Enhancing students’ cross-absorption and application of subject knowledge and abilities: or setting up special digital rule of law courses,Promote cross-research from the source of teaching materials。

(from "China Social Sciences Journal")

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Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao     Zip code 266237

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Copyright: bet365 app 2012 All Rights Reserved

Submission email:lawschoolwangzhan@163.com

Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao     Zip code 266237

          Shandong University Hongjialou Campus, No. 5 Hongjialou, Licheng District, Jinan City    Zip code 250100