On the Layered Logic and Integration Method of the Basic Categories of Digital Legislation
Digital legislation is an important part of legislation on emerging fields,and the basic category is the logical starting point of digital legislation.The basic categories of digital legislation provide theoretical theoretical support for the practice of digital legislation from three aspects of teleology,object theory and methodology.In terms of teleological category,the logical isomorphism of the basic categories of digital legislation takes"returning to human-centeredness"as the core,the ternary structure of digital identity,digital contract and digital personality as the basis,and the logical relatedness among different stand-alone legislation as the starting point,laying a theoretical foundation for the connectivity of governance systems on data risks,information risks and algorithm risks.In terms of the category of object,the hierarchical logic of the basic categories of digital legislation takes the governance of the triple legal relationship among data,information and algorithm as the core,forming a differentiated structure of the basic categories of digital legislation.Such differentiated structure reflects the logical differences between different legislative categories,and lays a theoretical foundation for separate legislation on data,information,and algorithm.The logical development of the methodological category of digital legislation starts from the internal correspondence between the legislative system and the categorical system,forms the logic of empowerment-oriented authorization,regulation of private rights,and framework of rights in the digital era,and promotes the structural balance of the allocation of digital public power,platform private power,and social private rights.Regarding the sound development and improvement of digital legislation,it is advisable to take differentiated structure and logical isomorphism of the basic categories of digital legislation as the framework and the advancement from digital stand-alone law to digital basic law as the support,promote the multi-level coordination of the digital legal system in a stage-by-stage and step-by-step way,form a coordinated development pattern of digital behavior law,liability law,and procedural law,promote the connectivity of norms such as data security risk assessment,personal information protection impact assessment,and algorithm security assessment procedures,promote the establishment of mechanisms for measuring the value of digital private interests,digital public welfare,and digital public benefits,and realize the coordination of legal systems such as data security review,information compliance audit,and algorithm compliance review.
Digital LegislationBasic CategoriesDigital JusticeData SecurityInformation Compliance
万方数据
维普
