On 24th November 2024, the ‘2024 Annual Meeting of Digital Law Research Society of Jiangsu Law Society’ was successfully held in Nantong, hosted by Digital Law Research Society of Jiangsu Law Society and undertaken by Intermediate People's Court of Nantong City, Jiangsu Province, School of Law of Southeast University, and Future Rule of Law and Digital Intelligence Technology Innovation Laboratory of Southeast University. Leaders and experts from Jiangsu Provincial Higher People's Court, Jiangsu Provincial People's Procuratorate, Jiangsu Provincial Department of Justice, Legal Daily as well as practical departments of the province and cities, and scholars from universities and colleges, such as Nanjing University, Southeast University, Shanghai Jiao Tong University, Nanjing University of Aeronautics and Astronautics, East China University of Politics and Law, Northwest University of Politics and Law, Nanjing Normal University, Soochow University, Nanjing Forestry University, Nanjing University of Information Engineering, etc., attended the meeting. Conference.
The opening ceremony of the annual meeting was presided over by Prof Wang Lusheng, President of Digital Law Research Society of Jiangsu Law Society and Director of Social Science Department of Southeast University.
Jiang Wei, vice president of China Law Society, and Zhou Jiye, president of Jiangsu Law Society, delivered speeches at the opening ceremony.
In his speech, Jiang Wei, vice president of China Law Society and president of Network and Information Law Society of China Law Society, affirmed that under the guidance of the spirit of the Third Plenary Session of the 20th CPC Central Committee, the Research Society reflects the cutting-edge research dynamics of digital jurisprudence, cultivates digital jurisprudence thinking, promotes synergistic innovation in the fields of digital and traditional jurisprudence, promotes in-depth integration of digital jurisprudence theories and practices, and provides a powerful support for the innovation and development of judicial practice and the cultivation of rule of law talents, as well as a powerful support for other provinces and municipalities. It provides strong support for the innovative development of judicial practice and the cultivation of rule of law talents, and builds a model for the promotion of digital jurisprudence research in other provinces and cities. The establishment of the Nantong Chongchuan District People's Court and the Municipal Party Committee Court Workstation marks a new step in the transformation of digital research results into real productivity. Looking forward to the future of digital jurisprudence research in Jiangsu Province can push forward, dig deep into the connotation and highlights of the digital rule of law Jiangsu, hand in hand to tell the story of the digital rule of law Jiangsu, so that the results of the construction of the digital rule of law in Jiangsu to benefit more areas, to digital science and technology empowered the work of political and legal work. And look forward to Southeast University School of Law ‘Law balance’ big model in the legal services and research to achieve excellent performance.
In his speech, President Zhou Jiye congratulated the convening of the 2024 Annual Meeting of Digital Law Research Society of Jiangsu Law Society, and affirmed the work and contribution of the Society in the past year. Emphasised the significance of the Third Plenary Session of the 20th CPC Central Committee in guiding the research of digital jurisprudence, this annual meeting fully embodies the political consciousness and responsibility. And put forward three opinions on the work of the Institute: First, firm political direction, solid ideological and political foundation, guard the ideological position, play a leading role in party building; second, clarify the work orientation, in-depth research around the outstanding issues, help Jiangsu new practice, focus on the relationship between the rule of law and the rule of law, contribute to the power of Jiangsu; third, clear development direction, promote the organisational construction of the Institute to enhance the quality of the effectiveness of the work of the Institute to perfect the working mechanism, the advantages of the platform, and strengthen the training of talents. Thirdly, to clarify the direction of development, promote the organisational construction of the Institute to improve quality and efficiency, improve the working mechanism, take advantage of the platform and strengthen the training of talents. Looking to the future, we hope that we can coalesce the multiple forces of the theoretical and practical fields of digital law in a more scientific and meticulous way, and that all parties will uphold the concept of synergy and co-operation, join hands and make progress together, and work together to promote the digital transformation of social governance.
The annual meeting of the Digital Law Research Association, the release of essays and cases and awards by the Jiangsu Provincial Law Society of Digital Law Research Association, vice president of the Southeast University School of Law, Associate Professor Xu Minchuan presided over the session.
Associate Professor Feng Yuqing, Secretary General of Digital Law Research Society of Jiangsu Law Society and Law School of Southeast University, announced the commendation decision for the award-winning papers of the annual conference. A total of 545 papers were received from all walks of life. After anonymous scoring and evaluation by the expert group, a total of 70 excellent papers were selected, among which 10 papers were awarded first prize, 20 papers were awarded second prize, and 40 papers were awarded third prize.
Luo Rong, Director of Economic Information Centre of Legal Daily and Chief Operation Officer of Rule of Law Daily, announced the selection result of the 4th ‘Jiangsu Digital Rule of Law Innovation Case Collection and Publicity Activity’. It is reported that, after the first round of anonymous voting for differential screening, as well as the second round of digital law in Jiangsu Province, experts in the field of practical departments, well-known scholars and experts of the Legal Daily News on the shortlisted results of the offline review, the current collection of digital rule of law innovative cases of publicity activities, a total of 10 selected ‘Jiangsu Digital Rule of Law Innovation Cases of the Year’, ‘Jiangsu digital rule of law annual excellent case’ 10. An award ceremony was held on the site of the annual meeting, and Zhou Jiye, president of the Law Society of Jiangsu Province, and Luo Rong, chief operating officer of the Legal Daily, presented awards to the winners of the ‘Annual Innovative Cases’ and the ‘Annual Outstanding Cases’ respectively.
This annual meeting also held a digital jurisprudence workstation unveiling ceremony. Zhou Jiye, President of Jiangsu Law Society, Liu Kun, Party Secretary and President of Nantong Intermediate People's Court, Professor Wang Lusheng, President of Digital Jurisprudence Research Society of Jiangsu Law Society, and Lu Yanhong, Party Secretary and President of Chongchuan District People's Court of Nantong unveiled the plaque of the Digital Prosecution Workstation.
At the same time at the meeting, the important research results of digital jurisprudence, Southeast University, the release ceremony of the large model of law balance. The name is taken from the Shangjunshu ‘law, the country's weights and measures also’ meaning. The Law Balance Big Model is designed to meet the needs of legal practice and is innovatively developed using cutting-edge technology. The team has constructed a large-scale, high-quality legal corpus by rigorously selecting judicial cases, legal texts and jurisprudence data, and enhanced the model's logical ability to deal with complex legal issues and its understanding of the case context by applying reinforcement learning and supervised learning techniques based on expert feedback, combined with chain-of-consciousness reasoning techniques and step-by-step verification methods. ‘It also integrates search and enhancement generation technology to improve the model's adaptability to context and the accuracy of legal documents. Currently, the model is available for download on open source platforms at home and abroad for further research and application.
In the keynote speech session of the conference, Feng Yuqing, Secretary General of Digital Law Research Society of Jiangsu Law Society and Associate Professor of Law School of Southeast University, acted as the moderator.
Representatives of various theoretical and practical units shared their innovative exploration and practical experience in the field of digital rule of law. Liu Kun, Secretary of the Party Group and President of Nantong Intermediate People's Court, under the title of ‘Deeply Promoting the Construction of Digital Courts to Fully Enhance the Modernisation Level of Judicial Work’, introduced the progress and achievements of Nantong Court in digital construction, and emphasised the effectiveness of the theoretical research and practical application of the Nantong Court in digital construction, and strived to realise the full digitalisation of the entire process, the frontline service for access, and the convenient and efficient services.
Yang Jianjun, professor of Northwestern University of Politics and Law and editor-in-chief of Legal Science, pointed out in his article titled ‘Challenges Facing Law in the Age of Artificial Intelligence’ that in the era of digital governance, the rapid development of technology and massive accumulation of data have brought new challenges and opportunities to the legal field. Digital technology has not only changed the way the country is governed, but also had a profound impact on legislation, decision-making and law enforcement.
Professor Gao Fuping, Director of the Data Law Research Centre of the East China University of Political Science and Law, in a paper entitled ‘What is Data Holder's Right? in which he pointed out that in the digital era, the legal field is undergoing changes in the understanding and application of knowledge. In the face of the challenges of the digital era, the generation and circulation of data should be stimulated, and real-time integration and analysis of data should be achieved in order to meet the needs of society.
With the title of ‘Building a National First-class Commercial Legal Service Platform’, Professor Yang Li of Shanghai Jiaotong University's Kaiyuan Law School shared local experiences on how to build an intranet using the National Legal Business Network, with a special emphasis on innovations in designing the art space. Professor Yang Li raised three key issues: intranet now and alarm, synergy between the work of courts and self-insurance bureaus, and insufficient humanistic style of courts, and emphasised the need for focus and in-depth research in these areas.
In the case sharing session on behalf of digital rule of law innovation cases, Miao Zeyi, Deputy Secretary General of Digital Law Research Society of Jiangsu Law Society and Associate Professor of Law School of Southeast University, acted as the moderator.
Ren Zhifeng, Party Secretary and President of the Nantong Economic and Technological Development Area People's Court, introduced in the section entitled ‘Digital Intelligence Application Empowering Justice Helping to Build a Rule-of-Law Government - “Zhi Xing He e” Opens a New Chapter of Digitally-Assisted Administrative Trials’.’ Zhi Xing He e - Digital Administrative Trial’ system, the system integrates the administrative dispute online mediation platform, administrative litigation e legal aid, asynchronous evidence, the head of the administrative organ to respond to the quality assessment system and the administrative trial of the number of decision-making system and other functions, for the work of the administrative trial injected a strong scientific and technological impetus.
Cai Kai, a fourth-level director of the Procuratorial Information Technology Department of the Suzhou Municipal People's Procuratorate, said in the article titled ‘Suzhou Municipal Procuratorate Promotes Data Element-Driven Procuratorial Practice with High Quality and Effectiveness’ that the Suzhou Municipal Procuratorate comprehensively carries out Xi Jinping's thought on the rule of law, and creates a digital procuratorate centre that is intelligent and intensive by sounding out a system of digital supervision, digital case handling, and digital management capabilities, and builds an effective mechanism of guarantee for the performance of its duties to deeply Promoting the implementation of the digital prosecution strategy.
Lu Chen, Deputy Director of the Fourth Prosecution Department of Kunshan Municipal People's Procuratorate, pointed out in his article titled ‘Big Data Enabling Social Governance for Minors’ Protection’ that, in order to strictly implement the Law on the Protection of Minors, the institute constructed a model for supervising the reception of minors in violation of the law in key places. The model outputs clues on venues that receive minors in violation of the law through technical means such as data screening and keyword searching, and accurately identifies venues that should be punished by the administrative authorities but not yet punished as well as cases where violations are repeatedly prohibited.
In her report ‘One-stop’ Comprehensive Platform for Misdemeanour Governance’, Sun Lipin, a first-class post prosecutor of the People's Procuratorate of Yunlong District, Xuzhou City, introduces the “1+4” Misdemeanour Governance Application Matrix constructed by this institution to adapt to the new situation of crime governance and to promote the governance of crime as an integrated approach. The ‘1+4’ misdemeanour application matrix was built by the court to adapt to the new situation of crime governance and to promote crime governance in an integrated manner. The platform not only significantly improves the efficiency and quality of misdemeanour case handling, but also brings about revolutionary changes to enhance the effectiveness of misdemeanour governance supervision in multiple dimensions.
After the keynote speeches, the participants took a break for lunch. In the afternoon, two sessions and four thematic units were set up for the seminar, and more than 40 keynote speakers and commentators carried out enthusiastic exchanges around the ‘Digital Rule of Law Practical Innovation Forum’ and ‘Digital Rule of Law Theoretical Innovation Forum’ as the theme of the seminar respectively.
The first session of the ‘Digital Rule of Law Practice Innovation Forum’ as the theme, the first unit by the Nantong Intermediate People's Court, presided over by Zhou Ping, vice president of the political and legal units to share the innovative exploration in the field of digital rule of law and practical experience, the participating experts to carry out a lively discussion.
In his speech entitled On the Gatekeeper Regulation of Cybercrime, Shan Yong, Vice Chairman of the Digital Law Research Association of Jiangsu Law Society and Professor of Law School of Nanjing University, stressed the obligations of market entities as gatekeepers in the digital era, conducted a typology analysis of gatekeeper obligations, and put forward the role of gatekeeper regulation in promoting the innovation of the governance model of digital society.
In his speech titled ‘Logic and Progress of Procuratorial Organs in Serving and Guaranteeing Cross-border Flow of Data’, Han Liyong, a member of the Party Group and Deputy Procurator General of Xuanwu District Procuratorate of Nanjing City, pointed out the reality of hidden worries caused by cross-border flow of data at present, and emphasised the important responsibilities of procuratorial organs in safeguarding the national data security, promoting the construction of compliance of enterprises, and cohesion of the governance synergy, so as to make a Procuratorial contribution.
He Junqiang, a member of the party group and Deputy Prosecutor General of Suzhou Xiangcheng District People's Procuratorate, spoke on the topic of ‘Legal Regulation of Public Security Video Surveillance Exploration’, introducing the governance predicament of video surveillance from the perspective of public and private rights, analysing the principle of legal regulation in detail, and putting forward legal regulation proposals from the aspects of construction links, standardised management and use, and regulatory boundaries.
Li Rui, Deputy Director of the Fifth Procuratorial Department of Changzhou Tianning District People's Procuratorate, in his speech titled ‘Grassroots Practice of Procuratorial Digitalisation for Social Governance’, introduced the ‘People's Livelihood Project’ developed by the Procuratorate, and elaborated on the three salient features of the project, as well as how the model has facilitated the transformation of procuratorial organs from case-based governance mode to case-based governance mode. The model also describes how it has helped the procuratorate shift from a case-based to a class-based governance model.
In his speech entitled ‘Theoretical Research and Optimisation Path of Third-Party Participation in the Investigation System in Electronic Data Forensics’, Bian Weiwei, Assistant Prosecutor of Pei County People's Procuratorate, took electronic data forensics as a perspective, introduced the problems and challenges of the third-party participation system in three aspects, and put forward optimisation path suggestions in terms of qualification access, participation mechanism, supervision system, and other aspects.
Bao Kun, lecturer of Shanghai University of Political Science and Law and postdoctoral fellow of East China University of Political Science and Law, with the title of ‘Embedded Data Circulation in Data Portability Re-engineering’, pointed out the dilemmas faced by the data portability right in the implementation process, emphasised the optimisation of the right foundation, suggested the re-engineering of the right based on digital space, and proposed the path of improvement in the aspects of conceptual amendment, procedural orientation, content of the right, and transformation of the rules.
In her speech entitled ‘Exploring the Judicial Decision Path of Generative Artificial Intelligence Infringement Attribution - Constructing an Attribution Mode Centred on the Duty of Care’, Judge Assistant of Lianyungang Economic and Technological Development Zone People's Court, Nana Su, pointed out the challenges brought by generative AI infringement cases to the traditional infringement analysis framework, combined with the ‘The First Case of AIGC Platform Infringement’, from the three dimensions of jurisprudence, entity and procedure, combined with the cost of precautionary measures, the harmfulness of the act and the benefit of the act to put forward suggestions for improvement.
In the talk session, Huang Xiaoyun, Deputy Editor of the Editorial Board of Digital Rule of Law, said that she had benefited a lot and commented on the above speeches one by one. She pointed out that Professor Shan Yong's viewpoint is a major expansion of legal theory, Deputy Prosecutor General Han Liyong's speech is at the forefront of the times, Deputy Prosecutor General He Junqiang's speech is comprehensive and detailed, Deputy Director Li Rui's sharing shows the innovative practice of digital procuratorate, and three speakers, Bian Weiwei, Bao Kun, and Su Nana, focus on the hot topics and put forward rich and targeted suggestions.
Zhai Xinli, a researcher at the Institute of Natural Resources Law of Zhengzhou University, the second talker, also said that she had gained a lot from listening to the speeches, and also put forward issues worthy of further study: with the emergence of a large number of legal models of big language, is it necessary to introduce a unified legal model? Does the issue of objectivity in video surveillance need to be further explored? Does the monitoring of specialised technicians constitute an unjustified interference? And how can supervision of technology be realised?
The second unit of the first session was moderated by Xue Li, Professor of the College of Arts and Law, Ocean University of Jiangsu, and Executive Director of the Civil Law Research Society of Henan Province, and the participating experts engaged in a lively discussion.
Qin Dengfeng (speaking on behalf of Professor Xu Juan), vice president of the Digital Law Research Society of Jiangsu Law Society and student of Professor Xu Juan of Nanjing University of Information Engineering, in his speech titled ‘Expansion on Two Sides, Referral on Three Levels: Jurisprudential Analysis of Digital Legal Behaviours’, pointed out the reconstruction and transformation of the traditional legal behaviours in the context of personal information rights and interests protection, and analysed the reasons for the changes in digital legal behaviours, and reflected on the current personal information Protection Mode for Reflection.
Wang Pingrong, researcher of Suzhou Intermediate People's Court, in his speech titled ‘Digital Rule of Law and Digital Court Construction Steps and Emphasis - Party Building Leads the Modernisation of Digital Rule of Law for the Judiciary’, shared the importance, characteristics, and governance functions of the digital rule of law, and clarified the steps for the digital construction in terms of filing, handling, and execution, stressing that The leading role of party building on judicial modernisation.
He Junqiang, a member of the Party group and Deputy Prosecutor General of the People's Procuratorate of Xiangcheng District, Suzhou, took the topic of ‘People's Procuratorate of Xiangcheng District, Suzhou - Data Enabled Special Supervision in the Field of Bankruptcy, Making Every Effort to Repair Entrepreneurs’ Judicial Credibility’ and introduced the model developed by Xiangcheng District in terms of the data source, output clues, handling of class cases, and practical effectiveness. It introduces the specifics of the model in terms of data sources, output clues, handling of cases and practical results.
Zhou Xiaodong, Assistant Judge of the First Civil Division of Jiangsu Higher People's Court, in his speech titled ‘Status and Prospect of Jiangsu Digital Court Construction in the Context of Digital Rule of Law’, introduced an overview of the construction practice of Jiangsu digital court from policy and theory, clarified the significance of digital court construction, reflected on the problems and deficiencies of digital construction, and put forward suggestions for improvement in the areas of data sharing, system application, information security, social integration, and so on. The party of Jinhu County People's Procuratorate put forward suggestions for improvement.
He Anlin, member of the Party group and full-time member of the Prosecution Committee of Jinhu County People's Procuratorate, introduced the big data legal supervision model for the wrongly listed bad faith executors in difficult groups developed by Huai'an Municipal People's Procuratorate and Jinhu County People's Procuratorate under the title of Civil Execution Supervision Model for the Wrongly Listed Bad Faith Executers, highlighting the four major operational steps of the model and its achieved practical results.
Lv Junpeng, Deputy Director of the Fifth Prosecution Department of Changshu Municipal People's Procuratorate, presented the main contents of the model and the practical results achieved by the model under the title of ‘Innovative Digital Prosecution Practices for Integrating Punishment of False Litigation and Refusal to Enforce Crimes’, which started with a case study to introduce the main contents of the model and the practical results achieved by the model in terms of the extraction of behaviours, associated characters, collision time, and anomalous analysis.
Zhao Yonggang, Judge of the Financial Division of Tongzhou District People's Court of Nantong City, in his speech titled ‘Administrative Law Enforcement Changes Driven by Digital Transformation - Taking the Practice of “Great Comprehensive Integration” in Yangtze River Delta as a Sample’, introduced the current situation and development of ‘Great Comprehensive Integration’ in the Yangtze River Delta and elaborated on the effectiveness of the model and the dilemmas faced. In his speech titled ‘The Current Status and Development of the Yangtze River Delta's “Comprehensive Integration”, he elaborated on the effectiveness of the model and the dilemmas it faces, analysed in-depth how the digital platform empowers the innovation of administrative law enforcement mechanism, and put forward suggestions on how to promote the construction of a digital rule of law government.
In the talk session, Xu Chang, Deputy Secretary General of Digital Law Research Association of Jiangsu Law Society and Associate Professor of Nanjing Audit University, commented on the first four lectures, pointing out that the digital rule of law practice in Jiangsu Province is in the leading position in the country, Professor Xu Juan's viewpoints are quite unique, Deputy Prosecutor He Junqiang's speech shows that the construction of intelligent procuratorate in Suzhou tends to be mature, Comrade Wang Pingrong's sharing is detailed and comprehensive, and Comrade Zhou Xiaodong's sharing demonstrates that the construction of digital rule of law government has become more mature, while Comrade Zhou Xiaodong's sharing demonstrates the development of digital platform. Comrade Zhou Xiaodong's sharing shows the leading role of the Provincial High Court in the construction of digital courts in the province.
Liu Yifan, a lecturer at the Law School of Southeast University, commented on the last three lectures, pointing out that in practice, many judicial organs have already realised the closed-loop of data extraction, such as Changshu Prosecutor's Office and Jinhu Prosecutor's Office have already launched the digital prosecutorial model, which is of great significance in improving the efficiency of case handling.
Finally, Miao Zeyi, Deputy Secretary General of Digital Law Research Association of Jiangsu Law Society and Associate Professor of Law School of Southeast University, summarised the speeches and exchanges of the first session, thanked the participants on behalf of the Law School of Southeast University and the Digital Law Research Association of Jiangsu Law Society for their enthusiastic participation, and expressed the outlook and expectations for the 2025 Digital Law Annual Conference.
The second session, themed ‘Digital Rule of Law Theory and Innovation Forum’, gathered many scholars and legal practitioners, who based on the theoretical dimension, actively explored and searched for the future development path of the digital rule of law.
The first unit of the second session was chaired by Xu Minchuan, Vice President of Jiangsu Law Society Digital Law Research Association and Associate Professor of Southeast University School of Law, and the participating experts had a heated discussion on the property theory in the digital era, the development of the digital economy, telecommunication network fraud, digital security, the market allocation of data elements, and the prevention and control of cyber-violence, etc. The first unit was chaired by Xu Minchuan, Associate Professor of Zhejiang Wanli College of Law.
Sun Menglong, Associate Professor of Law School of Zhejiang Wanli University, focused on ‘Changes of Property Theory in the Digital Era - Changes of Perspectives Based on “Material” Possessions to “Informational” Possessions’, and put forward the idea of defining the data society in terms of It is proposed that the social function of data should be delineated in the way of data collection, the boundary of rights should be defined in the way of publicity, and the domination of data ownership by right holders should be realised in a way that technology and law go hand in hand.
Lin Ziheng, Deputy Head of the Comprehensive Group of the Audit Management and Information Division of Jiangsu Higher People's Court and Second Grade Chief Officer, with the title of Empirical Study on Judicial Service Guaranteeing the Development of Regional Digital Economy, from the perspective of Luhmann's systematic jurisprudence, talked about the process of the judicial system's perception of the changes brought by the digital economy, as well as some of the new challenges faced by the judicial system under the context and proposed some new paths for the judicial service guaranteeing the development of the regional digital economy. development, and puts forward some new paths for judicial service to guarantee the development of regional digital economy.
Yu Tingting, a doctoral candidate at the Law School of Nanjing University, focuses on Gatekeeper Governance of Telecommunications Network Fraud: Focusing on Internet Platforms, and elaborates on the new ideas for governance of telecommunications network fraud in the context of the rise of Internet platforms from the rise of gatekeeper governance of telecommunications network fraud and governance ideas, dilemmas in practice, and paths for its improvement in three aspects.
Chen Yunzhi, a doctoral student at the National Security College of Southwest University of Political Science and Law, took the theme of ‘the triple logic of the construction of the data security rule of law system’ as his topic, and made an in-depth analysis from the three dimensions of policy, practice and theory, pointing out that the construction of the rule of law on data security is crucial to the advancement of digital China, the rule of law and the national security strategy. Accelerating the construction of this system is an indispensable part of data security legislation, law enforcement and digital infrastructure and other areas that show great practical significance and practical value.
Shao Xinyu, a doctoral candidate of East China University of Politics and Law, spoke on the topic of ‘Data Factor Market Configuration Adapted to the Characteristics of Data’, pointing out that data is not an object of transaction, but a data commodity, and its characteristics determine that the market configuration is not a single competition. The theory of market and hierarchy in the new economic system provides support for the construction of data factor market. Based on the characteristics of the data commodity configuration market, is the key to build data trading order, promote the high quality development of the data economy.
Chen Wanke, Assistant Judge of Suzhou Gusu District People's Court, in his speech titled ‘Optimisation of the Determination Rule of “Seriousness of Circumstances” for Insult and Defamation under the Threshold of Internet Violence’, pointed out the challenge of single-quantity offence in the evaluation of Internet violence through real cases. He put forward a new idea of cumulative offence construction, examining cyber violence with ‘massive cumulative number × low damage’, arguing that the first and the forwarder should be held jointly liable, and that the cumulative offence construction should be based on the special abetting behaviours and the subject of liability should be determined in combination with the type of information.
Nantong intermediate people's court research office director Gu Xiwei first experts and scholars to make comments on the wonderful speech. He put forward as a practical worker, he hopes that scholars in solving the digital economy, data market and other related issues, ‘if not necessary not to increase the entity’ for the purpose of the first consideration of the traditional theory can support the solution of the problem. As for the issue of data security, he believes that the policy logic in the triple logic should be a political logic.
Professor Xu Jun, Vice Dean of the School of Law and Public Administration of Nanjing University of Information Engineering, then commented on several other speeches. On the issue of telecommunication network fraud, he argued that it is important to define what kind of power or obligation Internet platforms should acquire. He also suggested that cyber violence is a long-standing problem in Internet governance, which needs to be governed by considering the influence of many extra-judicial factors. Finally, the empirical research on judicial services to promote Internet court specialisation and typology is supported, and judicial practice in the field of digital economy can be preceded and then fed into legislation.
The second session of the second unit of conversation by the Jiangsu Provincial Law Society, vice president of the Digital Law Research Society, Soochow University Wang Jian Law School Professor Zhao Yi hosted, the participating experts around the digital construction of legal services, the credibility of testimony can only be assessed, personal data trust, digital government governance, the right to access the data of the platform, generative artificial intelligence service providers and other topics were discussed.
Liu Maotong, chief partner of Jiangsu Maotong Law Firm and vice president of Xuzhou Lawyers Association, introduced the APP ‘Industry Chain + Legal Service’ developed by Xuzhou Lawyers Association with the title of ‘Industry Chain + Digital Construction and Application of Legal Service’, which realises the in-depth fusion of the legal service and each link of the industry chain.
Chen Suhao, Associate Professor of the Department of Law of Nanjing University of Aeronautics and Astronautics, delivered a speech entitled ‘Argumentative Style of Intelligent Evaluation of Testimony Credibility’, which is based on the combination of the theory of evidence analysis and data trends, and describes the method of constructing an intelligent evaluation system of testimony credibility by using AI at the level of logical form and actual model construction, with a view to making the system serve as a tool for judging the conditions of the witnesses' appearing in court and as a tool for analysing the review of testimony. It is hoped that the system can be used as both a judgement tool for witness appearance conditions and an analysis tool for testimony review, and provide more alternative technical solutions for the improvement of testimony rules.
Tian Yushen, Lecturer of the Law Department of Nanjing Forestry University, focused on the topic of ‘The Application Path and Localised Construction of Personal Data Trust in China’, which was introduced by the practice of the United Kingdom and the United States, and put forward that the construction of personal data trust in China should adopt a two-tier structure of ‘trust-contract’ to establish a fiduciary relationship between the data subject and the data controller. At the same time, the contractual relationship between data controllers and data users should also be clarified.
Chen Shuting, a doctoral candidate at Soochow University Wang Jian Law School, focused her speech on ‘The Dilemma of Data Secured Financing and the Legal Response’, which emphasised the secured nature of data, and suggested that theoretical and institutional support should be provided for data secured financing. Among them, public data should not be secured, personal data security has limited significance, and enterprise data needs to consider the source, type and industry restrictions. Data security does not transfer possession and registration, which is more in line with the characteristics of collateral, and it is appropriate to adopt the method of right collateral.
Zheng Dong, a doctoral candidate at the School of Law of Nanjing Normal University, entitled ‘Theoretical Logic and Normative Distinctions of Platform Data Access Rights Restrictions’, proposes that, for the normative distinctions of the platform data access rights restriction system, firstly, the principle of public interest retention should be distinguished between the universal and the particular in applying the principle of public interest retention; secondly, the principle of minimum necessity should be applied in a coordinated manner as an important measure to ensure the fairness of data access; and lastly, the theory of Alexi's trade-offs should also be applied cautiously. Alexi trade-off theory.
Ye Jiajie, a researcher at the Administrative Dispute Resolution Research Centre of Nanjing Normal University and a master's degree student, whose report was titled ‘The Practice Orientation of Intelligent Government Platform Assisting Administrative Dispute Resolution in Digital Government Governance’, argued that the Intelligent Government Platform is beneficial to the resolution of various administrative disputes. In order to improve its practice, it is necessary to integrate and formulate AI-assisted norms, supplement procedural rules, and construct an intelligent-assisted resolution case base on the basis of upgrading the technical level, so as to promote high-quality development.
Wu Shuangfang, a master's degree student of Shiliang Law School of Changzhou University, on the topic of ‘On the Legal Status of Generative AI Service Providers in Data Processing’, pointed out that legislation is needed to clarify the legal status of data processors, and that, in practice, data processing can be divided into two phases, namely, collection and generation: the legitimacy of the collection phase can be referred to as the neighbouring right to expand the right; the attribution of the right in the generation phase and infringement of the attribution of responsibility, and it is suggested that when the infringement is committed, the service providers and users should share the fault responsibility. It is suggested that the service provider and the user should share the fault responsibility in case of infringement.
Yang Jie, Associate Professor of Southeast University School of Law, first commented on the speeches of the first four experts and scholars. For the rule of law innovation under the empowerment of AI, she put forward valuable suggestions such as the cooperation between industry and universities and the addition of content review, based on a high degree of affirmation in light of the practical situation. For institutional innovation in data circulation, she put forward more directions worth thinking about while affirming the speakers' thoughts, such as differentiated entrustment needs in data trust issues and the dilemma of data asset valuation in data secured financing issues.
Song Ge, a lecturer at the Law School of Nanjing University of Finance and Economics, then commented on the speeches of the last three experts and scholars. She firstly highly affirmed the research results of the experts and scholars, and on this basis raised some concerns about some specific practical issues in the speeches of the three for further consideration.
Finally, Wang Yuan, Deputy Secretary General of Digital Law Research Society of Jiangsu Law Society and Associate Professor of Law School of Southeast University, made a summary of the meeting. She compared today's forum to a feast of theory and practice, expressed her gratitude to the speakers, critics, participants and conference organisers, and announced that the discussion in the second session was successfully concluded.
The ‘2024 Annual Conference of Digital Law Research Society of Jiangsu Law Society’ was successfully concluded.
(Li Shunji, Lu Zhanghui, Shi Yunxin, Shao Chunxi)