In order to implement Xi Jinping’s thoughts on the rule of law and the spirit ofthelaw-based governanceworking conference ofthe CPC Central Committeeconference, and to meet the needs of governance in the Internet era with the rapid development of information technology,Inaugurating Meeting of the CUPL Internet Governance Research Center & Seminar on Internet Platform Cross-Border Governance and Digital Justice, one of aseries of activities for the 15th anniversary of thefounding of the School of Juris Masterin China University of Political Science and Law (CUPL),was held on November 28, 2020 on the Haidian Campus of CPUL.
Initiated and established by the School of Juris Master in CUPL, Beijing Internet Court, BeijingThunisoft MarvinInformation Service Co., Ltd.,the Internet Governance Research Center ofCUPL (“the center”) has more than20 memberssuch asBytedance, Xiaomi Technology, JDD, Beijing Anli Partners,andChangan Notary Public Office.Piggybackingon the accumulatedadvantages in Beijing's Internet legal science and technologyas well asthe resources of leading Internet companies,thecenter fully introducesthe first-lineforcesinInternet,andis committed to studying the mode and innovationoflaw-technology integration,so as tobuildacomprehensive platformwhereresourcesareinterconnectedand shared and where cutting-edgelegal theoriesand judicial trialpracticeinteract in anactive, effective manner.
Theconferencewas chaired by Prof. Xu Shenjian, Dean of the School of Juris Master in CUPL and Director oftheInternet Governance Research Centerof CUPL.Prof. Huang Jin, Vice President of China Law Society, Prof. Chang Baoguo, Vice President ofCUPL, Jiang Ying, Vice President of Beijing Internet Court, and Prof. Xu Shenjian delivered speechesat theconferenceand unveiled the center.
In his speech,Mr.Chang Baoguopointed that legal regulation is the core amongthegoverning measuresforInternet misconduct, andit is alsoan inevitable requirement forlaw-based governance.
Vice President Jiang Ying believes that with the development of digital technology and the deep integration of the Internet industry,people-benefitinginformation technologyis becoming moredigitizedand intelligentized, and thescale of industrialdigitization andofdigital industrialization continuesto expand. The Beijing Internet Court will, as always, provide the most vivid first-hand information for legal theoretical innovation andanalysis ofcutting-edge problems, andwillwork with thecenter to jointly promote thelaw-based governancein cyberspace.
After that, Prof. Xu Shenjian delivered a speech. According to him, we have witnessed the rapid development of the Internet, which is now more convenient and efficient than ever before.Now that the Internet has developed into a dominant industry in China, as legal professionalswhoshoulder the mission of promotinglaw-based governanceand cultivating legal talents with both ability and integrity, weshould take it as our key task toresearch governance issues arisingfromthe development of the Internet.The center willbe committed to the integration of production, education and research.Thus, heput forwardhis expectationsin this regardfor thecenter’s work in the near future.
Prof. Huang Jin made a speech titledSeveral Issues on Extraterritorial Jurisdiction. He believes that the relationship between "governance" and "liberation"should be properly handled inInternet governance, and they should be kept balanced and aim atdevelopment.In her speech titledJudicialRules and Governance RecommendationsonPlatform Responsibility inthe Context ofDigital Economy,Ms.Jiang Ying shared many practical cases, introduced the judgment rules reflected in the cases, andalsodiscussed the difficultiesincopyright protection,determining subjects of network users,andtheprotection ofnetwork users’information.
Wang Qingyou,Director of All China Lawyers Association and Director of Beijing Anli Partners gave a keynote speechtitledWhat aLawyerCan Do for theLaw-BasedInternetGovernance". According to him,as constructors oflaw-basedInternetgovernance,lawyers grow together with Internet companies and participate inlaw-basedInternetconstruction by participatingin the formulation of rules.Meanwhile,lawyers are alsopractitioners andbeneficiaries oflaw-basedInternetgovernance, asthe digital economy provides lawyers with a blue ocean.
Prof. Huo Zhengxin, Director of the Development Planning and Disciplinary Construction Division ofCUPL, shared the research results ofExtraterritorial Jurisdiction and the Construction ofChina’sLegalExtraterritorial Effectiveness System.According to Huo, the Internet’sfeaturesof borderlessness, no territoriality, and timeliness have brought unprecedented challengesto thetraditionalnational jurisdiction and legal governance model with territorial jurisdiction as the principle,leading toconstantly weakening territoriality of law.
Ms. Tai Jiangli, head of theDepartmentof Legal Affairs of ByteDance China, said thatasthe digital economy is the futuretrendof the world, the Internet Governance Research Centerisestablished at the right time and also representsa strong response to the digital economy era byatop universityin legal research and education.Chinais exploring the rules of cross-border data flow, and haspreliminarilyconstructed a framework for classifieddata management. In terms of datamanagement, it is recommended totakeopenness as the principle, with non-openness asanexception,plan andimprove the rules of data openness, and effectively promote legal data openness.Hopefully,thecenter can pay attention to specific and operable rules, clarify boundary rules, and implement them in future judicial trials.
According toLiu Zhen, General Manager of the Legal Department of Xiaomi Technologyintroduced,the cases involving extraterritorial issues in patent rights haveseenatrend of a sharp increase. In such cases, the parties oftenappealto resolve global patent right issues in one court.However, in terms of scientific extraterritorial jurisdiction, courts closelyrelatedshould be made available for thejurisdiction.Therefore, Chinesecourts are the most suitable choice for such cases.
Liu Xijun, Director of Legal Affairs and Compliance of JDD,MaQiang, Founder of China Corporate Counsel Alliance and Director of Legal Affairs of Beijing YishengLeju, Chen Shuang, Head oftheAsset Preservation TeamofDuXiaoman Technology, Song Jiaojiao, Secretary-General of Sogou Technology’sLegal Policy Institute,and Zheng Wei, a partner ofBeijingAnli Partners,among others,also delivered keynote speeches withdistinctthemes.
Finally, theconference and seminarconcludedin the warm applause of the participants.
