More than 100 experts discussed "Innovation in the Digital Age, Rule of Law and Rule of Law Innovation" The 2022 Annual Conference of the Big Data and Artificial Intelligence Law Research Association of Jiangsu Law Society and the 6th Judicial Big Da
 
Release time : 2023-02-01         Viewed : 29

On December 31, 2022, the Annual Meeting of Jiangsu Law Society of Big Data and Artificial Intelligence Law Research Association 2022 and the 6th Judicial Big Data Research and Application Seminar, hosted by Jiangsu Law Society of Big Data and Artificial Intelligence Law Research Association and organized by Southeast University Law School and People's Court Judicial Big Data Research Base, was held in The conference was held in Nanjing in online mode. More than 200 people participated in the conference, including leaders and experts from the Jiangsu Provincial High People's Court, Jiangsu Provincial People's Procuratorate, Jiangsu Provincial Department of Justice, as well as leaders and experts from Nanjing, Wuxi, Suzhou, Changzhou, Xuzhou, Nantong and other municipal departments, and scholars from Nanjing University, Southeast University, Nanjing Normal University and Soochow University.

The opening ceremony of the annual conference and the award release session were presided over by Professor Ouyang Benqi, Dean of Southeast University Law School.

Wu Gang, Standing Committee Member of the Party Committee and Executive Vice President of Southeast University, attended the opening ceremony and delivered a welcome speech. In his speech, Wu Gang introduced that Southeast University has conducted a series of high-quality research with foresight and practicality based on the first Judicial Big Data (Southeast University) Research Base of the Supreme People's Court in recent years, which is unique in the cross-research field of digital law in China. The digital era is a new stage of high-quality development empowered by technological innovation, and it is also the mission of the times that legal theory and practice must shoulder. It is necessary to carry out systematic research on the compliant application of digital technology, the legal and orderly flow of data elements, the construction of digital government according to law, the governance of digital society according to law, and the digital cracking of rule of law problems, based on the international frontier, so as to continuously create a new situation in the cause of jurisprudence research on big data and artificial intelligence.

Shao Bingfang, Secretary of the Party Committee and President of the Law and Order Daily, attended the opening ceremony and delivered a speech. Comrade Shao Bingfang said that the construction of intelligent rule of law is an examination of the times for the political and legal organs, a classroom for the ability of political and legal officers, and a governance project with multiple participation, which is always highly concerned and actively promoted by the Law and Order Daily. At present, the comprehensive deepening of political and legal reform has entered a new stage, the political and legal organs should take a higher station, wider vision and greater efforts to promote the construction of wisdom and rule of law, through the construction of wisdom and rule of law to break through the bottleneck that binds the effectiveness of political and legal work, promote the quality change, efficiency change and power change in political and legal work, and build a higher level of peace in China and rule of law in China.

Vice Chairman of the Jiangsu Provincial Committee of the Chinese People's Political Consultative Conference, Zhou Jiye, President of the Provincial Law Society, attended and spoke. Zhou Jiye pointed out in his speech that focusing on the new round of scientific and technological revolution and industrial change, exploring the path of the rule of law for the accelerated development of the digital economy, and providing rule of law guarantee for high-quality development is a very important part of the new era of legal research, but also a very challenging frontier areas. We should comprehensively study, grasp and implement the spirit of the 20th Party Congress, and lead legal research with political construction; we should actively promote the deep integration of digitalization and rule of law, and empower rule of law innovation with digital technology; we should be guided by Xi Jinping's thought on rule of law, adhere to the integration of development and security, escort the development of science and technology with rule of law innovation, effectively promote the deep integration of cutting-edge digital technology innovation with the practice of political and legal work in Jiangsu, and continuously promote the innovative practice of rule of law with Chinese characteristics. In the session of the annual meeting, the rule of law awards were released.

In the award release session of the annual meeting, Zhang Guoqing, member of the party committee and deputy editor-in-chief of Rule of Law Daily, announced the selected cases of Jiangsu Smart Rule of Law Innovation Case Collection and Publicity Campaign in 2022. The campaign is guided by Jiangsu Law Society and Rule of Law Daily, and sponsored by Jiangsu Law Society Big Data and Artificial Intelligence Law Research Association, which brings together the innovative exploration and practical experience of Jiangsu's political and legal departments in the field of wisdom and rule of law. The selected cases will be held in the spring of 2023 as the Jiangsu Smart Rule of Law Innovation Exhibition.

Professor Wang Lusheng, Director of Social Science Department of Southeast University and President of the Research Association, announced the award-winning papers of the annual meeting. The call for papers for the 2022 Annual Conference of the Jiangsu Law Society on Big Data and Artificial Intelligence received 185 papers from theoretical and practical circles. After the anonymous evaluation by experts, 5 papers of the first prize, 20 papers of the second prize and 38 papers of the third prize were selected.

Associate Professor Feng Yuqing of Southeast University College of Law, Secretary General of the Institute, introduced two major activities to be held by the Institute in 2023, including an offline exhibition of Jiangsu's innovative achievements in wisdom and rule of law and a seminar on innovative practices in wisdom and rule of law to be held in the first quarter of 2023; and the Young Wisdom and Rule of Law Talent Support Program, which aims to To address the cutting-edge theoretical issues of the rule of law in the development of smart rule of law, and to provide the ground for the cultivation of young smart rule of law research talents in the province.

The keynote speech of the conference was hosted by Professor Wang Lusheng, Director of Social Science Division of Southeast University and President of the Research Association.

Professor Wang Xizhi, Executive Director of Peking University Institute of Rule of Law and Development, Peking University School of Law, spoke on the topic of Difficulties of Judicial Review of Automated Administrative Decisions. Professor Wang Xizhi pointed out that the continuous changes in the substantive function and external form of administrative activities have led to changes in the formal function as well as the realization mechanism of administrative rule of law. Due to the involvement of new technologies, the traditional administrative state is transforming into a digital administrative state, and Internet+ administration is commonly occurring. At the micro level, there is a need to discuss whether the procedures of administrative decisions are legitimate, whether the basis is legal, and whether the decisions are supported by rationalization; at the macro level, there is a need to respond to the systemic challenges of the rule of law from a holistic perspective. Moving from formal legitimacy to substantive administrative rule of law with technical legitimacy and technical legality at its core, combining the review judgment of technology with the traditional formal legitimacy judgment can help alleviate the challenge of automated administration to traditional administrative rule of law.

Professor Gao Fuping, Executive Vice President of the Internet Rule of Law Institute (Hangzhou) and School of Law of East China University of Political Science and Law, spoke on the topic of Article 20: A Chinese Solution to the Data Foundation System. Professor Gao Fuping pointed out that, as the fifth factor of production, how to play the role of data elements is an urgent concern nowadays. The construction of data foundation system is a matter of national development and security. The construction of data foundation system should be based on the premise of maintaining national data security and protecting personal information and commercial secrets, with the main line of promoting the compliance and efficient circulation and use of data and empowering the real economy, focusing on data property rights, circulation and transaction, revenue distribution and security governance, and deeply participating in the formulation of international high-standard digital rules, and focusing on the economic value, governance value and fair distribution of data. Governance value and fair distribution value, fully realize the value of data elements, and build a data foundation system that adapts to the characteristics of data, conforms to the law of digital economy development, guarantees national data security, and highlights innovation leadership.

Professor Zhi Zhenfeng, a researcher of the Institute of Law of the Chinese Academy of Social Sciences and the University of Chinese Academy of Social Sciences, spoke on the topic of Data Resources: Allocation of Rights and Interests and Risk Allocation. Professor Zhi Zhenfeng pointed out that both social and natural, public welfare and reciprocity are the basic characteristics of data, and data resources are renewable, growable and inexhaustible. This is different from land, minerals and intellectual property rights, and does not exactly promote data circulation and utilization in the form of data commercialization, marketization and rights. The full exploitation of data resources requires a change of concept and a change of path, a shift from a rights protection mindset to a mutually beneficial mindset, and a two-way balance of rights protection and order maintenance. At the institutional level, it is necessary to change from generalized data thinking to refined type thinking, and then to protect data rights and interests in the process of data development and reasonably allocate data development risks through sectoral laws.

Professor Ding Xiaodong, Vice President of the Institute of Future Rule of Law of Renmin University of China, spoke on the topic of The Difficulty of Defining the Concept of Personal Information and its Solution. Prof. Ding Xiaodong pointed out that the concept of personal information is the basis of the personal information protection system. However, the concept of personal information is faced with such difficulties as uncertainty in scope, uncertainty in the nature of de-identified information, and whether anonymized information is protected. The reason why the concept of personal information is uncertain is that personal information is highly dependent on the scenario and varies depending on the identification target, identification subject, identification probability and identification risk of personal information. The absolute distinction between personal information and non-personal information should be abandoned, and personal information should be regarded as an institutional tool for regulating information relations, and the scope of personal information and its regulation should be determined according to specific scenarios and institutional functions. By regulating the trichotomy of personal information, identifiable personal information, and non-personal information at the regulatory level, with the bottom-up determination of the scope of personal information and the protection system at the judicial case level, it helps to establish a modular system for the classification and protection of personal information.

In the afternoon seminar, three sessions and six thematic units were set up, and more than 50 keynote speakers and reviewers exchanged their views on the theme of Innovative Rule of Law and Rule of Law Innovation in the Digital Era, and discussed the new rule of law in the process of technological development in the digital era. The content covered various fields such as legal regulation of digital technology, legal governance of digital society and guarantee of rule of law in digital economy.

The first session, Digital Technology and Judicial Change, was chaired by Liu Kun, Secretary of the Party Group of Nantong Intermediate People's Court and President of the Research Association, and the Vice President of the Research Association, with experts discussing the issues of smart court construction, digital prosecution and big data legal supervision. Lu Yanhong, Secretary of the Party Group and President of Chongchuan District People's Court of Nantong City, discussed the practical experience of paperless case handling in Chongchuan Court of Nantong with the topic of Moving from informationization to intelligence: practical application and path optimization of paperless case handling: analysis of the practice of Chongchuan Court of Nantong as a sample. In his presentation entitled Research on Judicial Application of Blockchain Technology in the Context of Digital Economy, Wu Weiyi, Chief of Planning and Management Section of Trial Management and Information Technology Division of Jiangsu High People's Court, discussed the basic situation, multiple challenges and exploration space of blockchain judicial application. Jiang Guipeng, Director of Procuratorial Information Technology Department of Suzhou People's Procuratorate, pointed out the inner structure and development path of digital transformation of procuratorial work with the title On the development of digital procuratorial deduction logic under the vision of digital governance in the new era. Zhang Aodong, director of the Legal Policy Research Office of Nantong People's Procuratorate, discussed how procuratorial organs should promote precise supervision with big data in his speech entitled Dilemma and Path: An Analysis of the Digital Procuratorial Supervision System of False Litigation in the Era of Big Data. Liu Xia, a member of the party group of Zhangjiagang People's Procuratorate and a full-time member of the prosecution committee, spoke on the topic of Building a big data legal supervision model to help materialize corporate compliance supervision visits, pointing out how to use big data technology to ensure that the enterprises involved in the case really rectify and really comply . Wang Lianping, a full-time member of the prosecution committee of the Xiangcheng District People's Procuratorate in Suzhou, introduced the application of blockchain + procuratorial supervision by the Xiangcheng District People's Procuratorate to promote the application of blockchain technology in the four major procuratorial areas in a speech entitled The practical application of blockchain procuratorial supervision technology in the context of big data. multi-field applications. Gao Jianqiang, member of the party group and deputy procurator general of Kunshan People's Procuratorate, introduced the practical experience of creating an integrated digital intelligence platform for cross-regional community corrections and procuratorial supervision in the Yangtze River Delta under the perspective of digital innovation and the application of intelligent justice in his speech. In the commentary session, Prof. Li Sheng, Vice Dean of the Law School of Ocean University of China, and Prof. Wu Jun, Associate Professor of Wang Jian Law School of Soochow University, commented on the excellent speeches of experts and scholars.

The second session of the first session, Digital Technology and the Rule of Law, was chaired by Qi Yong, Executive Vice President and Professor of the School of Intellectual Property of Nanjing University of Science and Technology and Vice President of the Research Association. Sun Menglong, a doctoral student of Heilongjiang University School of Law, spoke on behalf of Yang Zhen, a professor of Heilongjiang University School of Law, on the topic of The Directional Mark of Judicial Reform in the Paper Domain: Blockchain Justice in the Era of Digital Intelligence - Centering on the Opinions of the Supreme People's Court on Strengthening the Judicial Application of Blockchain. The traditional judicial model of paperwork as the communication link to the future judicial model of data deployment and communication as the core of the digital intelligence change. Professor Shan Yong from Nanjing University Law School discussed the possible path of platform-based governance to transform crime governance in terms of technology, organization and system with the topic of Digital Platform and Crime Governance Transformation. Shen Weiwei, associate professor of the Law School of China University of Political Science and Law, discussed the close connection between autonomous driving and the legal system of calculation, and discussed the attribution of responsibility for autonomous driving accidents in the context of fault liability. Xiong Jin, assistant judge of Huai'an Economic and Technological Development Zone People's Court, discussed the scientific path of recovery and refund of compensation for accomplices in telecommunication network fraud through an empirical study of 341 adjudication documents in his speech entitled Exploration of the adjudication path of property involved in criminal cases of telecommunication network fraud: A research perspective of recovery and refund of compensation for accomplices in telecommunication network fraud. Zhou Wentao, an assistant judge of Nanjing Jiangbei New District People's Court, discussed the private law approach to the rights and obligations of metaverse platform service providers with the title of Types of Liability and Regulatory Paths of Metaverse Platform Service Providers. Wang Meng, a prosecutor of the First Procuratorate Department of Changshu People's Procuratorate in Jiangsu Province, analyzed the cloud supervision model of digital supervision in his speech titled Exploration of non-custodial digital supervision in the context of the policy of less arrest and cautious prosecution and cautious detention. In his speech, Wang Meng analyzed the use of cloud supervision, non-custodial, data empowerment and other electronic monitoring methods and their limits. In the commentary session, Xu Juan, director of the Institute of Big Data Rule of Law of Nanjing University of Information Engineering and professor of the School of Law and Politics, vice president of the research association, and Mei Jiewen, professor of the School of Intellectual Property of Nanjing University of Technology, commented on the wonderful speeches of experts and scholars. In the session summary session, Mr. Yu Tao from Southeast University Law School summarized the excellent speeches and comments made by the experts and scholars in this session.

The first session of Session II, Data Governance in Digital Society, was chaired by Prof. Zhang Radium, Vice President of the Research Association and Professor of Nanjing Normal University School of Law, in which participants fully discussed the topics of data circulation, data property rights and data regulation. Professor Lv Bingbin from Nanjing University Law School reflected on the existing basic theories, propositions and knowledge of data property rights protection with the title of Discerning the basic theory of data property rights protection. Prof. Zhou Xuping from College of Humanities and Social Development of Nanjing Agricultural University explained the meaning, function and role of the anti-unfair competition law in the process of data circulation and utilization with the topic of Data Control and Sharing in the View of Competition Law. Zhou Lianyong, director of Jiangsu Boshioda Law Firm and a first-class lawyer, discussed the criminal law enforcement methods for data crawlers' illegal acts with the topic of Research on the criminal law enforcement path of web crawlers infringing on government data. Mr. Xu Yikang, Assistant President of Zhangji People's Court of Xuzhou Tongshan District People's Court, gave a speech entitled The Motivation, Path and Prospect of Smart Contract in Enforcement, looking forward to the bright future of the integration of smart contract technology and intelligent enforcement. Fangpeng Wan, Deputy Director of the First Prosecution Department of Suzhou High-Tech Industrial Development Zone People's Procuratorate, discussed the criminal risks arising from the collection, use, sharing and storage of data in the field of autonomous driving. Associate Professor Yang Jie of Southeast University School of Law discussed the feasibility and specific rules of including access to automobile data into the protection of consumers' right to know with the topic On the Realization of Consumers' Right to Know about Smart Car Data. Wang Xianna, a fourth-level chief officer of the line informatization team of Nanjing Jiangbei New District People's Court, presented the topic of Realistic Examination and Path Optimization of Administrative Trial Data Sharing - A Perspective on Social Governance in the Context of Digital Government, aiming to explore the construction of an online sharing mechanism and platform for administrative trial data to enhance the application effectiveness of data governance. Yuan Xingchong, assistant judge of Taicang People's Court, discussed the positioning of the legal attributes of online virtual property under the dual system of property and debt in his speech entitled Property Object Attributes and Protection Path of Online Virtual Property. In the commentary session, Professor Jiang Jie from the School of Law and Politics of Nanjing University of Information Engineering and Associate Professor Ren Danli from the School of Law of Southeast University commented on the wonderful speeches of experts and scholars.

The second session of Session 2, Protection of Rights and Interests in Digital Society, was chaired by Professor Wang Bing from the School of Humanities and Social Sciences of Nanjing University of Aeronautics and Astronautics, and the participants discussed the protection of personal information, protection of special groups, and digitalization of education. Associate Professor Ye Min from Jiangnan University Law School discussed the special protection of vulnerable groups under the digital divide in his speech entitled Suggestions for a special protection system for vulnerable groups in the digital transformation of cities, taking the digital transformation of Wuxi city as an example. Chen Mengjun, assistant prosecutor of the Fourth Procuratorate Department of Gusu District People's Procuratorate in Suzhou City, discussed the identification of rules, protection of rights and interests, and institutional supply of new digital labor relations with the topic of Research on Legal Regulation of New Employment Relations under Digital Platforms. Guo Lili, President of Tiexinqiao People's Court of Nanjing Yuhuatai District People's Court and first-grade judge, discussed the legal relationship between shippers, network freight operators and actual carriers in network freight transportation with the topic of Digital Change and Rule of Law Response: The Legal Dilemma of Network Freight Disputes and Solutions to Crack It. Wang Kun, President of the Civil Division of Taicang City People's Court, in his speech entitled The Determination of Infringement Liability for the Reprocessing of Publicly Available Personal Information: From Two Contradictory Judgments, used dynamic system theory to comprehensively determine the infringement of the reuse of publicly available personal information. Xu Chao, Deputy Procurator General of Sihong County People's Procuratorate in Suqian City, discussed how to use big data thinking to analyze the current situation of crimes against citizens' personal information and analyze the causes of the dilemma with the topic of Research on Rule of Law Protection of Citizens' Personal Information in the Era of Big Data: 3984 Cases in J Province from 2016 to 2022 as a Sample Analysis. Zhang Yuewenwen, assistant prosecutor of the People's Procuratorate of Wujiang District, Suzhou, discussed the path of public interest litigation for the protection of citizens' personal information in a speech titled Strengthening the Civil Law Protection of Personal Information: New Direction of Procuratorial Public Interest Litigation. Wei Wensong, a post-doctoral fellow at Southeast University Law School, discerned education digitalization from other related concepts such as education informatization, education modernization, education intelligence, smart education and future education with the title The basic connotation, performance and functional role of education digital transformation. In the commentary session, Professor Xu Jun, Vice Dean of School of Law and Politics, Nanjing University of Information Engineering, and Professor Cao Quanlai, Director of Institute of Digital Legal Science, Shi Liang Law School, Changzhou University, commented on the brilliant speeches of experts and scholars. In the session summary session, Xu Minchuan, Vice President of the Research Association and Associate Researcher of Southeast University School of Law, summarized the excellent speeches made by the experts and scholars in this session.

The first session of the third session, Digital Economy and Rule of Law, was moderated by Professor Zhao Yi, Assistant Dean of Wang Jian Law School of Soochow University and Vice President of the Research Association. Han Xue, a doctoral student at Peking University School of Law, advocated the construction of the legal attributes of NFT by property rights in his speech entitled Definition of the Legal Attributes of NFT and the Path of Barrier Breaking. Lu Rongjie, a doctoral student of Southeast University School of Law, in his speech titled Three-dimensional criteria for defining property rights of Chinese style government data, constructed the criteria for defining property rights from the triple attributes such as complexity of rights and interests, relevance of management functions, and coupling of structural relationships possessed by government data. Feng Mingyu, a doctoral student of Nanjing Normal University School of Law, proposed that the scope of criminal regulation should be limited by the principle of proportionality and the right to freedom of expression and the right to criticism and suggestion in the Constitution. The article also advocates that the scope of criminal regulation should be limited through the principle of proportionality and the constitutional rights of freedom of expression and criticism. Guo Xiaowei, a master's student at Jilin University School of Law, advocated the construction of a decentralized multi-governance mechanism for the metaverse based on the basic principle of human-centeredness in his paper Metaverse: Legal Risks, Rule of Law Response and Jurisprudential Reflection. Huang Haozhi, a master's degree student at Southeast University School of Law, argued that a clear institutional structure should be sought in the governance of student monitoring and evaluation technology, in order to realize the two-way interoperability between law, education and technology. Luo Yichen, research assistant of the Institute of Big Data Rule of Law of Nanjing University of Information Engineering, discussed the transparency and safety obligations of network service providers under third-party data sharing in his speech Third-party Data Sharing: Origins, Problems and Countermeasures: A Perspective of Personal Information Protection according to scenarios. In the commentary session, Associate Professor Li Tong from the School of Humanities and Social Sciences of Nanjing University of Aeronautics and Astronautics, Associate Professor Chen Daoying from the Law School of Southeast University and Lecturer Meng Xinyu from the Law School, Researcher of China Institute for the Modernization of the Rule of Law of Nanjing Normal University, commented on the brilliant speeches of the young scholars.

The second session of the third session, Digital Technology and Crime Governance, was chaired by Associate Professor Xu Chang, Vice Dean and Deputy Secretary of the Law School of Nanjing Audit University, and the participants discussed criminal law on topics such as online finance, artificial intelligence products and data processing. Zhang Wenhao, a doctoral student at Nanjing University School of Law, advocated the improvement of the governance system of corporate cyber financial crimes at the level of criminal regulation to realize the effective prevention and control of the recidivism risk of related crimes. Yue Aijie, a doctoral student of Beijing Normal University School of Law, argued that the scope of negligence of manufacturers of artificial intelligence products should be limited by applying the theory of permissible danger and the principle of reliance, with the title of Determination of Negligence of Manufacturers in Artificial Intelligence Product Accidents: Normative Filling and Theory Shaping. D. student of Southeast University Law School and researcher of the Judicial Big Data Base of the Supreme People's Court, Da Chaoyu, argued for the establishment of the crime of obstructing the safe management of important public data in order to regulate the behavior of seriously obstructing the order of data management in the process of data processing, with the title of Research on the Criminal Liability of Processors of Important Public Data: A Perspective of Article 45 of the Data Security Law. The crime of obstructing the security management of important public data is proposed to regulate the acts that seriously obstruct the order of data management in the process of data processing. Qin Changsen, a doctoral student at Southeast University School of Law, argued that the key to criminalizing search engine bidding rankings lies in establishing the dual attributes of advertising and information retrieval services. Xu Yunjie, a master's degree student at Southeast University Law School, argued that the doctrinal development of information network security management obligation under the threshold of functionalism, and believed that the criminalization standard should be the serious disruption of information network security management order, and the possibility of no individual legal benefit infringement as the criminalization channel, so as to build up a category of information network security management obligation with self-contingency and independence of criminal law system. Yan Zhao, an undergraduate student from the School of Public Administration of Nanjing Audit University, took the topic of Administrative Regulation of Personal Information Protection and advocated that the shortcomings of administrative legislation and supervision on personal information protection should be complemented and the functions of regulatory departments should be refined. In the commentary session, Xia Wei, Associate Professor of School of Criminal Justice, China University of Political Science and Law, and Zhang Yu, Lecturer of School of Humanities and Social Sciences, Nanjing University of Aeronautics and Astronautics, commented on the excellent presentations of the presenters. Finally, Miao Zeyi, Deputy Secretary General of the Research Association and Associate Researcher of Southeast University Law School, summarized the presentations and exchanges in the third session. At this point, the 2022 Annual Meeting of the Big Data and Artificial Intelligence Law Research Association of Jiangsu Law Society and the 6th Judicial Big Data Research and Application Seminar came to a successful conclusion.


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