法学年鉴 Annals of Law ISSN Print: 3079-5389 ISSN Online: 3079-5397
Research on the Boundary Determination of Reasonable Use of Personal Information in the Digital Age
With the deep integration of the digital economy and artificial intelligence, personal information has evolved from a carrier of personality rights into a core production factor. The traditional protection model centered on informed consent is increasingly incompatible with large-scale automated processing and cross-scenario data flow, making the reasonable use of personal information a pivotal mechanism for balancing personality right protection, digital industry development and public interests. Reasonable use is by no means an unrestricted exemption. Its boundary determination should take the balance of legal interests as the core logic, integrate the proportionality principle and contextual integrity theory, and build a determination system with both normative certainty and scenario adaptability through gradient classification by information sensitivity and publicity level, coupled with standardized judicial weighing and technical constraints. This system will defuse the institutional tension between protection and utilization, provide normative support for personal information governance in digital society, and underpin the high-quality development of the digital economy under the rule of law.
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Constitutional Protection of Citizens' Privacy in the Digital Environment
With the rapid development of computer technology and the network economy, the objects of privacy rights have become increasingly diverse, and the protection of citizens' privacy rights in the network environment has become more prominent, extending traditional privacy rights into cyberspace. As a fundamental right in the information society, citizens' online privacy rights are facing dual threats from civil infringement and government authority, urgently requiring constitutional protection. Currently, mobile apps commonly force users to authorize the collection, storage, sharing, and use of large amounts of personal information such as registration details, device data, location, photo albums, camera access, and contact lists through 'service agreements' and 'privacy policy terms.' This form of personal information authorization easily leads to excessive collection and misuse of information, infringing upon citizens' privacy rights. This article focuses on the constitutional protection of citizens' privacy rights in the network environment for discussion.
Reflections on the Scope of Rights Holders in Securities Representative Litigation
The Kangmei Pharmaceutical case, as the most representative example of securities representative litigation, has opened up a new situation where representative litigation, which had long been on hold in China, has been activated. It holds significant value for the activation of representative litigation. However, in reality, the application of representative litigation still faces many complex issues, such as who initiates the representative litigation, how to determine the jurisdiction of the court, and the effect of the judgment. Solving these problems is not something that can be achieved overnight but requires a step-by-step approach and multi-faceted arguments. Due to space limitations, this article will focus on the scope of rights holders in securities representative litigation based on the particularity of the securities market, with the aim of providing some thoughts on how representative litigation can better protect the rights and interests of small and medium-sized investors.
The Case of False Statements By Kangmei Pharmaceutical Company
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Research on the Electronic Service System in Civil Procedure
With the rapid development of network information technology and the deepening of judicial digital transformation, electronic service, as an important institution in civil procedure, has made significant progress in both legislation and judicial practice. This paper systematically reviews the value advantages of the electronic service system, including reducing judicial costs, improving service efficiency, and enhancing party satisfaction. However, the current electronic service system still faces challenges such as poor operability of rules, narrow scope of application, and immature platform technology, which hinder its full functionality. To address these issues, this paper proposes institutional improvements from three aspects: refining electronic service rules, expanding the scope of application, and upgrading service platforms. Specific measures include establishing systematic, standardized, and detailed rules; creating a mandatory electronic service mechanism and promoting two-way service interaction; building a unified national electronic service platform, introducing blockchain technology to improve security and confidentiality, and enhancing integration with commonly used communication tools such as WeChat and SMS. This study aims to provide theoretical support and practical pathways for improving China’s electronic service system in civil procedure, thereby advancing the development of smart courts and judicial modernization.
A Preliminary Discussion on Sentencing Recommendations under the Leniency System for Plea of Guilty and Acceptance of Punishment
The system of leniency for confession is an important reform in criminal proceedings in China. By introducing the negotiation mechanism between the prosecution and defense, it aims to improve the efficiency of litigation, save judicial resources, and protect the legitimate rights and interests of the accused. Sentencing proposal plays a key role in this system, is an important embodiment of the procuratorial organ to exercise the right of public prosecution, and has an important influence on the final judgment result. In recent years, the system of leniency for confession has achieved remarkable results in practice. Data show that the proportion of cases applicable to the system increased year by year, and the conviction rate of first-instance service also remained stable and higher than that of non-guilty plea cases. At the same time, the proportion of the procuratorial organs put forward to determine the punishment and sentencing has been increasing, and has been widely adopted by the courts, which shows that the procuratorial organs have done more and more in place in the aspects of sentencing consultation and interpretation of cases. However, there are also problems in sentencing recommendations in practice, such as the prominent conflict of "law" and "prosecution", the effectiveness of sentencing recommendations is not clear, and the information asymmetry and dominant power in sentencing consultation. In order to solve these problems, it is necessary to start from the two levels of legislation and practice, clarify the mandatory binding force of sentencing suggestions, strengthen the cooperation between legal and prosecution, improve the professional quality of prosecutors and judges, and strengthen social supervision and public participation. Through these measures, we can further improve the system of lenient punishment for confession, promote judicial justice, improve judicial efficiency, and better serve the judicial practice and social harmony and stability.
Admission of Guilt and Acceptance of Punishment
Conflict Between Judicial and Prosecutorial Authorities
Ways to Optimise the Collaborative Governance Mechanism between Financial Justice and Financial Regulation
With the rapid development of financial markets, the complexity and systemic nature of financial risks have become increasingly pronounced; the traditional governance model, which separates financial justice from financial regulation, is no longer sufficient to effectively address the challenges posed by modern financial risks. This paper provides an in-depth analysis of the current state of collaborative governance between financial justice and financial regulation, examines the shortcomings of existing collaborative governance mechanisms, and proposes practical pathways for improvement, with the aim of providing theoretical support and practical guidance for the establishment of a more scientific and effective financial risk governance mechanism.
Typological Reconstruction of the Legal Basis for Administrative Organs' Processing of Personal Information
The transformation towards digital government drives a structural shift of administrative functions towards an information governance paradigm. The processing of personal information has evolved into a core tool for fulfilling public duties and achieving administrative purposes. However, under the current non-reciprocal nature of administrative legal relations, the "informed consent" rule exhibits a weakened constraining function. Meanwhile, the generality of "statutory duties" as a legal basis leads to a tendency towards the overextension of authorization boundaries. The act of administrative organs processing personal information possesses a substantive attribute of rights restriction, necessitating a return to the strict confines of the principle of legal reservation. A typological regulatory pathway, based on differences in the degree of rights intervention, technological scenario risks, and administrative purposes, represents the appropriate choice for reconstructing its legal basis. By reconstructing the normative governance framework, the aim is to re-establish a balance of legal interests between overall administrative efficiency and individual informational self-determination, thereby promoting a logical shift in personal information protection from adherence to singular rules towards systematic governance.
Copyright (c) 2026 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by/4.0/
Research on the Confirmation of Data Property Rights
As a new type of production factor, data highlights the importance of regulating data-related systems in the realization of data value. It is crucial to clarify the rights framework in the process of data circulation and to rely on sound systems to protect the legitimate rights and interests of data stakeholders, thereby promoting the healthy development of the data market. Moreover, research on the confirmation of rights should be based on the legal principles of data property rights, exploring the nature, exclusivity, and rationality of data property rights. By formalizing data property rights to regulate and guide key links such as data production, circulation, and transactions, a solid framework of legal norms in the data field can be comprehensively established, providing comprehensive and multi-level robust protection for the rights of relevant data entities.
From Identity-Based Insurance to Behavioral Risk Protection: Pathways for Occupational Injury Protection in New Forms of Employment
With the development of the platform economy, the coverage gap in occupational injury protection for workers in new forms of employment has become pronounced. The current work-related injury insurance system, which is tied to traditional labor relationships, struggles to extend its coverage to these workers, while commercial insurance and civil remedies also have limitations. Based on the legal rationale of “incomplete labor relationships,” a “behavioral risk protection” system should be established. This system would move beyond identity-based restrictions and use the act of labor provision as the risk-triggering mechanism. It could be implemented through a “platform-based model” or an “industry-based model,” supported by industry-specific identification standards, a tripartite regulatory framework, and linkage mechanisms with existing systems. The proposed system aims to provide socialized occupational injury protection for workers in new forms of employment, address gaps in the current institutional framework, and contribute to the development of a multi-level protection system.
Generative AI Data Risks and Legal Regulation
Generative AI poses significant data risks across its lifecycle, from potential rights infringement during data collection and opaque algorithmic processing to harmful outputs and storage vulnerabilities. Effective regulation requires robust oversight, including compliance enforcement, algorithmic transparency, and strong data security mandates. China must balance innovation with governance by enhancing laws, ethics, and user protection to ensure responsible development within a legal framework.
The Guosuo System of the Tang Dynasty: A Legal Mechanism for Population Mobility and Territorial Stability in Feudal Society
This paper delves into the origins, evolution, and specific enforcement of the ancient Chinese Guosuo system during the Tang Dynasty, examining its role in regulating population movement, preserving law and order, safeguarding fiscal revenue, and maintaining national unity. The Guosuo system, functioning as an official documentation system akin to contemporary passports or visas, held significant implications for the management of population and territorial control in ancient China. By employing stringent application procedures and review mechanisms, the Guosuo system effectively curtailed population mobility, thereby ensuring the stability and order of the feudal society. Moreover, the Guosuo system exerted a profound influence on the southward shift of the Tang Dynasty's economic focus, fostering economic growth in the southern regions and upholding the trade order along the Silk Road as well as national defense security.
The Practical Alienation and Institutional Return of the Principle of Appeal Resulting in No Sentence Increases —Taking the Yu Jinping Case as a Mirror
The principle of appeal resulting in no sentence increases as a safeguard for the defendant’s right to appeal, maintaining the balance between prosecution and defense of the criminal procedure cornerstone, the legislative intent is to eliminate the defendant’s appeal concerns, to ensure that the channels of judicial remedies open. However, the practice of Yu Jinping traffic collision case of second instance to increase the sentence, deeply exposed the principle in the judicial application of the alienation of the dilemma. This paper analyzes the problems of the second trial of Yu Jinping case from three perspectives: legislative intent, procedural justice, and legal application, and puts forward the institutional safeguard programs such as establishing the substantive distinction of the purpose of the appeal, restricting the scope of factual determination of the sentence increase, and clarifying the rules of relief for the cases of guilty plea and punishment, which are aimed at promoting the return of the principle of appeal resulting in no sentence increases to the original source, preventing the recurrence of the similar cases, and safeguarding the defendant’s right to relief and the credibility of the judiciary.
The principle of appeal resulting in no sentence increases
The Application Issues and Improvement Approaches of Differential Voting Rights System
With the rapid development of science and technology industry, the traditional principle of "one share, one right" has limitations, and differentiated voting rights have emerged because of its advantages such as meeting the heterogeneous needs of shareholders, resisting hostile takeovers and guaranteeing corporate financing. The practice of differentiated voting rights in countries such as the United States, Japan, Singapore and Canada and China is different in terms of regulatory models, information disclosure and sunset clauses. However, the differentiated voting rights system may lead to the increase of agency cost, the lack of supervision mechanism and the intensification of moral hazard in practice. In order to improve the system, the information disclosure mechanism should be improved, the fiduciary duty of controlling shareholders should be strengthened, and a "time-type sunset clause" should be introduced to balance the interests of all parties and promote the optimization of China's business environment.
Copyright (c) 2025 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by-sa/4.0
Examination of Issues and Strategic Research on Civil Online Trial System
With the advent of the era of intelligent justice, "online court trial" as a new type of court trial mode parallel to the traditional offline court trial mode is an inevitable product of the transformation of court trial methods in the information network era. As the core component of smart court electronic litigation, it aims to provide more convenient and efficient judicial services for litigation participants. However, from the relationship between online trial system and traditional trial culture, online trial weakens the principle of direct language, impacts the traditional evidence system, raises concerns about the authenticity of the trial, and lacks specialized and unified procedural norms and guidance for reform measures. In view of this, in response to the "pain points" of the current online court trial system, it is suggested to improve relevant legal systems, strengthen technological innovation in online court trials, further improve the principle of direct verbal testimony, and perfect the system of witnesses appearing in court to testify, in order to help China's civil online court trial system achieve better and higher quality development.
Research on Punitive Compensation System in Civil Public Interest
With the gradual implementation of the Civil Code and its judicial interpretations, the application of punitive damages in public-interest civil litigation has attracted increasing scholarly and practical attention. Beginning with an examination of the institution’s evolution and theoretical justification, this article analyses its distinctive position within the public-interest litigation framework and its normative foundations. It argues that the mechanism simultaneously exhibits public-and private-law attributes, aiming through supra-compensatory awards to punish and deter wrongdoing while financing the restoration of collective interests. Nevertheless, the current regime confronts structural difficulties: fragmentary legal bases, disputes over standing, inconsistent quantification criteria, and unguided judicial discretion. To resolve these problems, the article proposes a systematic amendment to the Civil Procedure Law that clarifies the conditions under which punitive damages may be sought and the bases on which they are calculated, constructs an integrated subjective-objective test for liability, and establishes both a dedicated public-interest litigation fund and tailored procedural tracks. In this way the system would shift from ex post compensation to ex ante risk prevention. The study seeks to advance the standardisation, refinement and juridification of punitive damages in China’s public-interest civil litigation.
Evolution and Limitations of the Application of the European Convention on Human Rights
To adapt to societal development and the enhancement of human rights standards, the European Court of Human Rights has continuously updated the interpretation of the European Convention on Human Rights through an evolving interpretative approach. This doctrinal evolution has un-dergone significant practical development, including raising the standards of human rights pro-tection, aligning with the evolution of international law, and restricting individual rights of con-tracting states. In recent years, the emergence of new rights such as environmental rights has facilitated the construction of a fourth-generation human rights legal framework through pro-gressive interpretative application of the Convention in judicial practice. The European Court regards the Convention as a "living instrument," and based on social consensus and the Conven-tion’s purpose and spirit, it cautiously and gradually explores the application of evolving in-terpretation and its limitations, including adherence to the principle of necessity in a democratic society, maintaining judicial restraint, and clarifying the reasonable boundaries of treaty inter-pretation. The introduction of restriction principles contributes to the refinement of a dynamic interpretative mechanism, offering valuable insights for China in optimizing treaty interpreta-tion, aligning with international human rights norms, and safeguarding national interests.
Examining the Attribution of State Respon-sibility in the Context of Drone Warfare
The widespread use of drones in inter-State armed conflicts and counterterrorism opera-tions has brought increasing attention to the issue of State responsibility. However, the attribu-tion of State responsibility arising from drone operations remains largely unregulated by a uni-fied and systematic normative framework. Significant divergences exist in the practical applica-tion of the “effective control” and “overall control” standards, complicating the accurate attribu-tion of conduct. The lack of a consistent interpretation of the right of self-defense further blurs the line between lawful use of force and unlawful aggression. Moreover, the application of core obligations under international humanitarian law—such as the principles of distinction and proportionality—is frequently hindered by the particular characteristics of drone warfare, making it difficult to clearly assign humanitarian law violations to specific State actors. There is an urgent need to clarify the scope of international legal obligations in drone warfare, to expand the notion of “effective control” to encompass technologically mediated forms of remote control, and to promote the development of diversified international accountability mechanisms to en-sure the normative attribution of responsibility.
Research on the Liability for Infringement of Internet Platform Algorithms
In the current era of vigorous development of the digital economy, internet platform algorithms have deeply integrated into all aspects of social life, significantly enhancing the efficiency of production and living, and changing people's behavioral patterns and the way society operates. However, while algorithms bring convenience, their infringement issues have become increasingly prominent, triggering widespread social concern and academic discussion. In-depth research on the infringement problems of internet platform algorithms is of great significance for maintaining social fairness and justice, safeguarding citizens' legitimate rights and interests, and promoting the healthy and orderly development of the digital economy.
Analysis of the Accusation of Telecom Fraud Assisting Withdrawees
The main controversy over the characterization of telecom fraud assistance to fund withdrawals lies in whether it constitutes a helper of telecom fraud or a separate conviction and punishment for the crime of concealing or concealing criminal proceeds. The telecommunications fraud as-sistance discussed by the author specifically refers to the prior act of causing the victim to fall into a cognitive error and transferring funds to the prior act's bank card. Afterwards, the as-sisted person knowingly participates and colludes with the prior act to withdraw money from the bank card. Starting from the possibility of the establishment of an inherited accomplice, the author explores the theoretical basis for the establishment of an inherited accomplice and fur-ther derives the latest time point at which an inherited accomplice can be established. Through the analysis of the concept of "substantial end" in the theory of complicity in German criminal law, it is concluded that the time point of the establishment of the inheritance accomplice, espe-cially in the crime of fraud, cannot continue until the "substantial end" of the crime. This logic should be consistent, and the establishment of the completed crime of fraud should not be ex-tended to the "substantial end" of the crime to maintain theoretical coherence. Finally, the con-clusion of this article is that the act of assisting a person in withdrawing money through tele-communications fraud should be separately recognized as the crime of concealing, concealing criminal proceeds, and gains from criminal activities.
Analysis of the British divorce reflection period system and its enlightenment to the Chinese divorce cooling-off period system
With the development of society, the prevalence of neoliberalism, the awakening of female conscious-ness, the phenomenon of young people choosing to ‘lie flat’, and the increasing costs and risks of mar-riage, Chinese society is facing a trend of declining marriage rates and rising divorce rates. To address this issue, the Civil Code of China, which was introduced in 2021, officially incorporated the cooling-off period for divorce. However, compared with many other countries, China's cooling-off period for di-vorce is still in its infancy and has many shortcomings and controversies. The system appears rigid in terms of time and application conditions, and there are difficulties in practical operation. Therefore, improving the cooling-off period for divorce has become an urgent task. The author believes that Chi-na should draw on foreign legal systems and add supporting measures to promote the realization of the legal purpose. In the uniform application of a 30-day cooling-off period, more actual situations should be considered and the system should be flexibly adjusted to better adapt to social development and the needs of the people. This will help reduce the divorce rate and maintain social stability and family harmony.
The Reflection Period For Divorce In The Uk
The Cooling-Off Period For Divorce In China
A Cross - cultural Translation Study of the Civil Code Based on Cognitive Linguistics
In the context of deepening global exchanges in legal culture, the translation of the Civil Code has become a strategic issue in the international dissemination of China's legal achievements. This study, anchored in the theoretical framework of cognitive linguistics (conceptual metaphors, frame theory, and intentional schemata), integrates textual analysis with case studies to systematically explore the path for adapting cultural terms and syntactic differences in legal translation. Research has shown that the metaphorical theory of concepts can unravel the interpretive conundrum in translating cultural-specific terms, the frame theory enhances the precise conversion of four-character phrases, and the intentional figure-of-speech theory effectively bridges the semantic gaps across legal systems. Furthermore, this research confirms the synergistic role of three principles of legal translation (accuracy, professionalism, consistency) in safeguarding the authority of legal texts, while revealing the theoretical limitations of traditional translation paradigms in tackling deep-seated cultural differences within the legal context. This study not only provides methodological support for the multilingual translation of the Civil Code but also offers theoretical references for the innovation of overseas dissemination mechanisms for the Sinicist discourse system.
The Impact of New Quality Productivity on International Trade in the Context of the Belt and Road Initiative
As a new concept in the field of international trade, new quality productivity is an efficient productivity under new technological conditions. With the transformation of domestic economic structure and policy changes, it deepens globally through international trade treaties as a carri-er and global economic integration as a prerequisite for development. Today, RCEP is a regional trade agreement established by China as a member country, with the highest requirements, high standards, and pursuit of high-quality development. With RCEP as the core entry point, study the terms of new qualitative productivity contained in RCEP and the corresponding practice of member countries, and clarify the multidimensional utility of new qualitative productivity to countries along the "the Belt and Road" through RCEP.
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