The 2019 Academic Seminar on Legal Development in Mainland China, Hong Kong, Macao and Taiwan held successfully at Peking University Law School
October 25-26, The 2019 Academic Seminar on Legal Development in Mainland China, Hong Kong, Macao and Taiwan held successfully at Peking University Law School. Deputy director Jian Zixiu, researcher Zhang Yongjian, associate researcher Xu Jiaxing, associate researcher Wu Quanfeng of Academia Sinica in Taiwan, Prof. Shui Bing and Dr. Zhu Linlin of Faculty of Law of University of Macau, Prof. Zhang Xianchu and Dr. Liu Wenting of Faculty of Law of the University of Hong Kong, Prof. Chen Yuefeng of East China University of Political Science and Law, A.P.Hu Ling of Shanghai University of Finance and Economics Law School, Prof. Dai Xin of Ocean University of China Law School, A.P. Ding Xiaodong and A.P. Xiong Bingwan of Renmin University of China Law School, Prof. Wang Qinghua of Beijing Normal University Law School, A.P. Han Wei of the Law School of University of Chinese Academy of Social Sciences, Dean Pan Jianfeng, Deputy Dean Xue Jun, Prof. Liu Yinliang, Prof. Chen Yongsheng, A.P. Gao Wei, Assistant Dean Peng Chun, Dr.Yu Jianan of Peking University Law School attended the meeting. This symposium based on the theme of "Law and Legislation in the Information Age" was divided into six units.
At the opening ceremony, Pan Jianfeng, Dean of Peking University Law School, and Jian Zixiu, Deputy Director of the Academia Sinica in Taiwan delivered speeches. Dean Pan Jianfeng said that this symposium will help scholars on both sides of the Taiwan Strait and in Hong Kong and Macao to exchange academic views, brush up ideological sparks, enhance academic sentiment and promote research and teaching of Internet law. He emphasized the importance of discussing the relationship between law and information in the context of the information age, and expressed his wishes for this symposium. Subsequently, Deputy Director Jian Zixiu reviewed the long-term friendly academic exchanges between the two sides since 2003 and the pleasant memories of the 2015 meeting. Prof. Jian affirmed that the theme of the symposium is consistent with social reality. It has academic foresight, and is very effective in the legal frontier academic exchanges between the Straits and Hong Kong and Macao.
nit 1 was chaired by Prof. Zhang Xianchu. Firstly, Prof. Jian reported on the topic of “Contractual law as arbitrary provisions”. He pointed out the particularity of the law of contract as arbitrary provision, practitioners of legal profession should distinguish whether the contract is valid or not from the contract interpretation, and the most important thing is to explore the true intention of the parties and explain the contract from the angle of inducement. Then, Prof. Shui Bing discussed the development of data law with the title of "Pride of Law and Data Bias". He proposed that jurists should abandon arrogance and egoism, the method of law should not be limited to the method of judgment, we should not only focus on the application of law, but also combine with other sciences. Later, A.P. Xiong Bingwan gave a presentation on "Social Relationship Capital in Address Books."Based on the difference between data production mode and traditional production mode, he put forward the principle of equal distribution of data ownership.
Unit 2 was chaired by Jian Zixiu, Deputy Director of the Academia Sinica in Taiwan. Firstly, Prof. Xue Jun discussed the legal properties of e-commerce platforms, pointed out the dualistic framework of the platform's qualitative existence as contract and enterprise. Later, A.P.Hu Ling, discussed the "network" theory of network law. In his view, the network is a public good, and can be expanded at low cost. For more people to create cooperation and transaction opportunities, the network should be brought back to the network law research. After that, Dr. Yu Jianan analyzed the responsive responsibility of network media. Starting from the rule framework of the current law, she put forward that the application of preservation liability and injunction to network media should be proportional and exacting.
Unit 3 was chaired by Researcher Zhang Yongjian. First of all, Prof. Wang Qinghua did the academic report of "algorithm accountability and algorithm legislation". He explained in detail the interpretation of the algorithm and the way decisions are made, and the relationship between the reported parameters and the published source code. Later, A.P. Ding Xiaodong discussed the problems of user portraits, personalized recommendations and personal information protection. He affirmed the role of user portrait in reducing information asymmetry, analyzed the basic principles of personal information protection, and objectively expounded the positive and negative effects of personalized recommendation. Subsequently, Prof. Chen Yongsheng reported the legal regulation of mobile phone search in criminal proceedings. He proposed that in the protection of personal information level, China's criminal procedure law should improve the provisions of mobile phone data search. Finally, Prof. Dai Xin explained the tripartite relationship of information privacy, from "no see", "no say" to "no straightforwardness", to explore the behavior norms of insiders.
Unit 4 was hosted by Prof. Dai Xin. Researcher Zhang Yongjian explored the relationship between law and comparative law research, pointing out that law helps to predict legal characteristics. Then, Dr. Zhu Linlin, discussed the current system of Macau and the issue of online betting contracts. She pointed out that the Macao Civil Code regards gaming as a contract, every category and details of which are stipulated by the Government. Macao's existing Civil Code interpretation method is not perfect, there is a need for special legislation to regulate this kind of contract. Later, A.P. Gao Wei discussed the issue of CODR. She introduced the advantages and disadvantages of crowdsourcing, the development track and business coverage of crowdsourcing, and analyzed the value and prospects of crowdsourcing online dispute resolution. Finally, A.P. Han Wei discussed what kind of competition the acquisition of a startup stifles. He pointed out that the background of the acquisition of start-ups involves the ecological layout of online technology giants, data-driven acquisitions, preventive acquisitions, in the new form should be coordinated with competition and industrial policies to encourage innovation.
Unit 5 was chaired by Assistant Dean Peng Chun. First of all, associate researcher Wu Chun-feng discussed the relationship between artificial intelligence and bioethics. He pointed out that we should follow the principles of autonomy, benefit, justice and privacy to resolve the regulatory contradictions between them and meet the challenges. Then Prof. Liu Yinliang discussed the copyright of artificial intelligence works. He said that artificial intelligence works do not have a certain value and scarcity, they lack thought and emotion or originality, so there is no need for copyright protection for them. Later, Dr.Liu Wenting discussed the transformation of law education in the information age.
Unit 6 was chaired by Associate Researcher Wu Quanfeng. First of all, Associate Researcher Xu Jiaxin analyzed the problems of dignity, the right to life and the death penalty from a comparative constitutional perspective. He pointed out that the abolition and restriction of death penalty is the world trend, and the principle of proportionality and necessity should be applied to measure the relationship between death penalty and the protection of right to life. Then, Prof. Chen Yuefeng discussed the open government data sharing. He said that the access to government data is expanding, and all related entities are allowed to make full use of the data. However, basic principles must be followed to protect individual rights and freedoms. Finally, Assistant Professor Peng Chun discussed the legitimacy of joint punishment for dishonesty. From the perspective of formal legitimacy, he pointed out that there is a high degree of correspondence between the punishment system of discredit and the existing norms, but it needs to be perfected in the level of substantive legitimacy.
After the six modules were completed, researcher Jian Zixiu and Prof. Xue Jun summarized the meeting. They said they had benefited a lot from the seminar and hoped to keep in touch and strengthen academic exchanges in the future.
The 2019 Academic Seminar on Legal Development in Mainland China, Hong Kong, Macao and Taiwan has made an in-depth study of "Law and legislation in the Information Age" and conducted academic research and exchanges in the face of social needs and cutting-edge issues.
Translated by: Xu Luyu
Edited by: Xu Luyu