On the afternoon of December 4, 2020, the Second Beijing Doctoral Forum on the Rule of Law in Network and Artificial Intelligence was grandly held in Jingshi Hotel of Beijing Normal University. This forum was hosted by the Law School of Beijing Normal University, undertaken by the Research Center for Rule of Law in Network and Smart Society of Beijing Normal University, and co-organized by the Asia-Pacific Institute for Cyber-law Studies and the Asia-Pacific Institute of Artificial Intelligence Law.
Experts and scholars from universities and research institutions of Peking University, Lanzhou University, China University of Political Science and Law, Capital Normal University, Jinan University, University of International Relations, CIAJ, Intellectual Property of China Intellectual Property Society, Jinan University, the Legal Affairs Department of China Council for the Promotion of International Trade (CCPIT), Internet Society of China (ISC), Tencent, Meituan and JD.COM, and the heads of practical departments of Internet enterprises were invited to attend this forum.
The forum was conducted online and offline simultaneously, and was divided into five parts, that is, the opening plenary session, award ceremony, unit 1, round-table discussion and closing summary.
Opening plenary session
Mr. LIU Deliang, professor of the Law School of Beijing Normal University and Director of the Research Center for Rule of Law in Network and Smart Society of Beijing Normal University, first introduced the experts and scholars attending the meeting, and warmly welcomed the online and offline participation of experts and scholars.
Subsequently, Professor CHAI Rong, Associate Dean of the Law School of Beijing Normal University, delivered an opening speech online. Professor CHAI Rong first introduced the history and development of the Law School of Beijing Normal University. And then, he gave a high-quality evaluation of the contributions received in this forum, and affirmed that the Beijing Doctoral Forum on the Rule of Law in Network and Artificial Intelligence has become an important platform to drive the development of disciplines, and Professor LIU Deliang has made contributions in the emerging fields of law such as network law and artificial intelligence law. Finally, he congratulated the students who won the prize and wished the forum a complete success.
Award ceremony
This forum aims to provide exchange and learning opportunities for doctoral students, promote the exchanges between academic circles and practical circles in the fields of network law and artificial intelligence law, and thus promote the development of network law and artificial intelligence law.
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Since the publicity, papers have been received from Tsinghua University, National Tsing Hua University, Nanjing University, Southeast University, Southwest University of Political Science & Law, East China University of Political Science and Law, Zhongnan University of Economics and Law, Xian Jiaotong University, Central University of Finance and Economics, Communication University of China, University of Urbino in Italy and other universities. After evaluation and screening by expert committees, 1 First Prize winner, 2 Second Prize winners, 2 Third Prize winners and 2 Excellence Award winners were selected.
QU Junyu, doctoral student from the Economic Law School of Southwest University of Political Science & Law won the First Prize.
LIU Jingtang, intercollegiate international doctoral student from National Tsing Hua University, and CHANG Yuhao, doctoral student from the Economic Law School of Southwest University of Political Science & Law, won the Second Prize.
JIA Zhangfan, doctoral student of the Law School of Tsinghua University, TANG Yulong, doctoral student of Philosophy in Communications of Communication University of China, and ZHAO Pengju, doctoral candidate of Business Law of National Korea Maritime & Ocean University, won the Third Prize.
CHEN Quanzhen, doctoral student of the Law School of Nanjing University, and LIU Shuangyang, doctoral student of the School of Law of Southeast University, won the Excellence Award.
LI Yuping, Deputy Director of CIAJ, KONG Dezhou, associate professor of the College of Political Science and Law of Capital Normal University, SONG Maoen, Deputy Secretary-general of ISC, and ZHANG Honggen, Deputy Director of the Cooperation Department of the Legal Affairs Department of CCPIT, respectively presented the award certificates to the above-mentioned award-winning doctoral students and took a group photo.
Unit 1
Under the auspices of JIN Yulu, a doctoral student, and ZHOU Xiaozhi, a post-doctoral of law from the Law School of Beijing Normal University, each award-winning doctoral student reported on the award-winning papers, and 2-3 experts and scholars commented on the reports.
I LIU Shuangyang, a doctoral student of the School of Law of Southeast University, gave a report entitled Criminal Regulation of Illegal Use of Personal Information from the Perspective of Data Compliance
From the perspective that personal information is frequently stolen and fraudulently used in real life, Dr. LIU Shuangyang pointed out that the crime of infringing citizens personal information in the current criminal law has no regulation on illegal use, so he explored the feasibility of putting illegal use of personal information into prison, and tried to provide suggestions for the protection of personal information in China.
LI Yuping, Deputy Director of CIAJ, and HUANG Xiaoliang, professor of the Law School of Beijing Normal University, commented on Dr. LIU Shuangyangs report.
Deputy Director LI Yuping praised Dr. LIU Shuangyangs topic, and thought that the paper was profound and the content went deep into personal information autonomy. She agreed that Dr. LIU Shuangyang could analyze personal information protection from the perspective of criminal law.
Mr. HUANG Xiaoliang affirmed Dr. LIU Shuangyangs logical thinking and argumentation ideas, praised his novelty from the perspective of enterprise compliance, and put forward some suggestions on the shortcomings of Dr. LIU Shuangyangs paper.
II JIA Zhangfan, a doctoral student from the Law School of Tsinghua University, gave a report entitled Legal Risk and Rule Response of Deep Forgery Technology from the Perspective of Civil Code.
Firstly, Dr. JIA Zhangfan analyzed the original application and application status of deep forgery technology. Secondly, he analyzed the legal risks of deep forgery technology and its legal and economic analysis. Finally, Dr. JIA Zhangfan put forward legal remedies and rules to deal with it.
ZHANG Qinkun, Secretary General of Tencent Research Institute, and MO Lin, doctoral student of the Law School of Jinan University, on behalf of Professor LIU Ying, commented on Dr. JIA Zhangfans paper.
Professor LIU Ying affirmed Dr. JIA Zhangfans paper, praised the novelty of his method of analyzing current affairs hotspots from the perspective of Civil Code, and finally put forward some suggestions on the shortcomings of the paper.
Secretary-General ZHANG Qinkun commented on Dr. JIA Zhangfans paper from the starting point of practice, affirmed the depth of his paper, and proposed that the breadth of the paper should be improved.
IIIDr. QU Junyu gave a report entitled Research on the Construction of Paid Sharing System of Business Information Data.
From three aspects, namely, why and how to construct the paid sharing system of business information data, and the problems existing in the process, Dr. QU Junyu proposed that the paid sharing system of business information data should be constructed with balanced interests of all parties, sublation and absorption of compulsory patent licensing system, moderate intervention by the state, and incentive and punishment functions.
YANG Ming, professor from the Law School of Peking University, Ms. LI Fenlian, Director of Editorial Department of Intellectual Property of China Intellectual Property Society, and LI Yi, associate professor from the Law School of Beijing Normal University commented on QU Junyus paper.
Professor YANG Ming first affirmed Dr. QU Junyus paper. Meanwhile, he pointed out the shortcomings in the paper and put forward some suggestions, including more reference to foreign literature, too extensive and abstract concept of public interest, understanding the ideological basis of the establishment of compulsory patent licensing system, clarifying the starting point of the establishment of paid sharing system of commercial information data, and suggesting to explore some post-pricing mechanisms of commercial information sharing.
Ms. LI Fenlian approved Dr. QU Junyus paper, and suggested that Dr. QU Junyu should find more problems from industry practice and judicial practice. Meanwhile, she also proposed that the principle of paid sharing system of commercial information data should be in line with the principle of Civil Code.
Associate Professor LI Yi thought that Dr. QU Junyus paper has a very innovative topic and is full of content. Meanwhile, he also suggested that Dr. QU Junyu can increase the comparison with foreign systems and make a clearer definition of business information and personal information.
IV Dr. LIU Jingtang gave a report entitled Research on the Protection of Health Gene Data in Precision Medical AI ApplicationComparative Analysis of Regulatory Legal System in Taiwan and Europe and America.
Dr. LIU Jingtang introduced the regulations on the protection of health and genetic personal data in Taiwan, and made a detailed comparison with the relevant regulations in Europe and America. She believed that the de-recognition mechanism of health and genetic data in the era of artificial intelligence had limitations and could not completely eliminate the risk of re-recognition. Therefore, new technologies such as federal learning and blockchain should be used to better balance the relationship between the utilization of health and genetic information and personal information protection.
Ms. YAN Shaomin, Secretary General of JD.COM Law Research Institute, and KONG Dezhou, associate professor of the College of Political Science and Law of Capital Normal University, commented on Dr. LIU Jingtangs paper.
Ms. YAN Shaomin fully recognized the research methods, case introduction and comparative study of Dr. LIU Jingtangs paper, and suggested that more in-depth research should be conducted on how to apply federal learning and blockchain technology to the field of personal information protection.
Associate professor KONG Dezhou thought that Dr. LIU Jingtangs paper is novel in topic selection, clear in thinking and reasonable in structure, and suggested that Dr. LIU Jingtang can broaden his research horizon and find more diversified solutions.
V Dr. CHANG Yuhao gave a report entitled Reflection and Reconstruction of Information Subjects Consent MechanismFrom the Perspective of COVID-19 Epidemic Prevention and Control.
The report pointed out that when China transplanted the personal information protection system, the consent right of the information subject was absolutized, which led to the intensification of personal information protection and utilization, personal interests and public interests conflicts during the epidemic prevention and control period. From the perspective of relativity, the personal information consent mechanism with Chinese local characteristics should be reconstructed by enriching the multiple legal basis of personal information processing and establishing a differential application mechanism of consent right.
LI Xiaohui, associate professor from the College of Comparative Law, China University of Political Science and Law, and LI Dan, associate professor from the Law School of University of International Relations, made online comments.
Mr. LI Xiaohui praised the novelty of the report, and put forward some suggestions on the report, pointing out that the epidemic prevention and control in the subtitle of the paper was not fully reflected in the text, and there were not many cases directly related to the epidemic prevention and control. In addition, the definition of absoluteness and relativity of consent right should be further clarified. Finally, he emphasized that the solution measures should take the actual judicial pressure into consideration for further discussion.
Ms. LI Dan affirmed Dr. CHANGs report, and put forward some suggestions, such as introducing the exemption of reasonable interests in the EU balance test into our national mechanism, and further discussing the determination of the subjects of the balance test. Additionally, he emphasized the importance of thinking in combination with the specific scenarios of COVID-19 outbreak under the new situation.
VIDr. CHEN Quanzhen gave a report entitled Outline of Legal Rights Protection of Network Virtual PropertyFrom the Perspective of Interest Theory Based on Rights.
Dr. CHEN Quanzhen pointed out that judicial practice should focus on whether the network virtual property has value and utility or not, which can be used to demonstrate the network virtual property rights. The safe haven rule in the Civil Code cannot properly solve the infringement disputes of network virtual property. The security obligation should be extended to the field of network infringement, and the security obligation of network service providers should be added, so as to realize the comprehensive protection of network virtual property rights in the post-civil code era.
LI Jingjing, Deputy Editor-in-chief of Jinan Journal (Philosophy and Social Sciences Edition), and XIA Yang, professor from the Law School of Beijing Normal University, commented on this.
Ms. LI Jingjing affirmed the academic value of this paper, and put forward some guiding opinions on the writing format, timeliness of case and legal basis, sufficiency of argumentation and specific path of network virtual property protection.
Mr. XIA Yang agreed with Ms. LI Jingjings comment, and suggested that Dr. CHEN should make further consideration from the topics, outlines and solutions. Taking the cases in this paper as the breakthrough point, he analyzed the close relationship between the Romanesque Legal System and judicial practice in China, and put forward new ideas for the reform of judicial mode.
VII Dr. TANG Yulong gave a report entitled Research on Personal Information Protection in Social MediaText Research Based on Privacy Terms of WeChat, Weibo and Tik Tok.
The report pointed out that with the update and iteration of information technology and the increasing popularity of intelligent terminals, daily communication is gradually eroded by electronic information. Taking the protection of personal information as the starting point, this paper put forward the idea of improving the optimization path of personal information protection in social media, such as balancing the professionalism and popularity of privacy clauses, balancing the rights and obligations between developers and users, and connecting with existing laws.
WANG Yuan, professor from the Law School of Lanzhou University, SONG Maoen, Deputy Secretary-general of ISC, and YANG Haibo, Director of Meituan Public Affairs Department, made comments.
Professor WANG Yuan pointed out that the topic of this paper is novel and unique, and the research method of personal information protection from text analysis is scientific and has important practical value. At the same time, there is room for further discussion on information classification and user consent of unauthorized information.
While affirming the high conception of the report, Mr. SONG Maoen put forward some suggestions on the comparative analysis of personal information protection at home and abroad, the reference of foreign practice, the intervention of administrative third-party supervision, and the effectiveness of specific measures.
Mr. YANG Haibo thought that the proposal part of the paper is a little short, and Dr. TANG could strengthen legal argumentation and reasoning and improve the conception from the perspectives of company comparison, enterprise development logic and foreign experience.
Round-table discussion
Under the auspices of ZHANG Honggen, Deputy Director of the Cooperation Department of the Legal Affairs Department of CCPIT, the guests and doctoral students spoke their mind freely. At the meeting, the participating doctoral students communicated with the experts and scholars present on the insights of participating in the meeting and the difficulties encountered in paper writing, and all participants enjoyed the time.
During the discussion, Mr. LIU Deliang gave an answer to the general confusion in the research process of doctoral students.
Mr. LIU emphasized that the legal system is closely related to the specific national conditions or technical background. Legal research should adhere to the problem-oriented, proceed from the existence and origin of the problem, and find the solutions according to the national conditions or respecting the objective laws of technology, instead of focusing on the legislation or theory of Europe and America.
At present, the academic research thinking and method of taking the legislation and theory of Europe and the United States as the cognitive basis, thus directly drawing the conclusion that China should be the same are wrong. The legal problem of network and artificial intelligence is a field closely related to technology. Therefore, the research on related problems should follow the objective law of technology, and the academic research on theory and system construction should be operable in technology, instead of blindly following the European Union and the United States, for their practices may also violate the objective laws of technology. In addition, the clear definition of basic concepts should be the premise and foundation of academic research, and it is meaningless to conduct research under the condition of unclear basic concepts.
Closing summary
In the end, with laughter, Professor LIU Deliang from the Law School of Beijing Normal University made a closing summary of the forum. In the summary, Mr. LIU once again expressed his gratitude to the experts, scholars and students attending this meeting, and thought that these high-quality papers have witnessed the attitude of young doctors towards research and the future of the rule of law in network and artificial intelligence. Finally, he expressed his expectation for the meeting in the following year.