Approaches on Realization of Rights in the Digital Era Based on Digital Competence Enhancement
Networking,intelligence and digitization leads to profound changes in the conditions for the realization of rights in the digital era,and the reconstruction of the scene for the realization of rights and obligations,the restriction of civil liberties,and the differences in social participation and judicial relief capacity are the systemic challenges to the realization of rights in the digital era.To realize the transition from natural citizens to digital citizens in the digital era and to guarantee the realization of digital rights,it is not only necessary for natural persons to have the right capacity and behavioral capacity,but it is also necessary to emphasize the concept of digital capacity from the legal level.In the legal sense,digital capacity includes not only the ability to use digital resources,but also the ability to participate in digital activities,the ability to act digitally,the ability to protect digital resources,the ability to negotiate digital resources and the ability to remedy digital rights.Therefore,in order to respond to the complex situation of rights protection in the digital era,it is necessary to cultivate and enhance the corresponding digital capacity of citizens and strengthen the institutional guarantee of"digital human rights".This requires exploring the rule of law strategy for the realization of rights based on the enhancement of digital capacity in four aspects:shaping the spirit of digital citizenship,improving citizens'digital capacity,perfecting the institutional guarantee for the realization of digital rights,and providing a smooth channel for the relief of rights.At the same time,the enhancement of citizens'digital capacity does not only include the formulation of rules,but also involves technical support,institutional design,personnel training and other multi-level and multi-faceted issues,which is a complex system.It is also necessary for our country to learn valuable experience from extra-territorial practice to help with the cultivation and enhancement of citizens'digital competence,and then promote the rule of law and modernization of digital social governance in China.
Digital citizenshipDigital capacityDigital rightsDigital rule of law
万方数据
维普
