Overview of PRC law and practice in the development of modern digital law

Over the past five years, China has rapidly embrased the digital society. The new generation of digital technologies, including big data and artificial intelligence, is playing an increasingly important role. To address the new challenges posed to the traditional legal system due to the wide application of new technologies, such as information security and personal data protection, Chinese legislators have undertaken unprecedented intellectual innovation, and digital legislation continues to evolve. The development of digital technologies and the onset of the digital era have not only led to new changes in public production and created new space for human life but have also expanded new areas of state administration. The concept of “digital legal governance” as a product of the integration of digital governance and legal governance has been introduced by Chinese jurists and plays a significant role in the process of public administration. In recent years, China has accelerated changes in judicial reform, comprehensively establishing digital courts. The rules for Online Court, Online Mediation and Online Operations, consistently introduced by the Supreme People’s Court of China since June 2021, have provided for the online function of the digital court. This article provides a detailed analysis of a series of the recent regulative acts in the field of transforming digital law in China. It elucidates the key concepts and measures in practice related to the construction of “digital legal governance”. The article also demonstrates China's experience in establishing typical digital courts as an example, with the hope of providing other countries with useful insights into improving digital law.

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Publication Details

Journal
RUDN JOURNAL OF LAW
Published
2024-10-01
DOI
https://doi.org/10.22363/2313-2337-2024-28-3-528-545
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00

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article

Overview of PRC law and practice in the development of modern digital law

Shaoxue Jia
RUDN JOURNAL OF LAW
Dispute Resolution and Class Actions
article

Overview of PRC law and practice in the development of modern digital law

Shaoxue Jia
article en

Abstract

Over the past five years, China has rapidly embrased the digital society. The new generation of digital technologies, including big data and artificial intelligence, is playing an increasingly important role. To address the new challenges posed to the traditional legal system due to the wide application of new technologies, such as information security and personal data protection, Chinese legislators have undertaken unprecedented intellectual innovation, and digital legislation continues to evolve. The development of digital technologies and the onset of the digital era have not only led to new changes in public production and created new space for human life but have also expanded new areas of state administration. The concept of “digital legal governance” as a product of the integration of digital governance and legal governance has been introduced by Chinese jurists and plays a significant role in the process of public administration. In recent years, China has accelerated changes in judicial reform, comprehensively establishing digital courts. The rules for Online Court, Online Mediation and Online Operations, consistently introduced by the Supreme People’s Court of China since June 2021, have provided for the online function of the digital court. This article provides a detailed analysis of a series of the recent regulative acts in the field of transforming digital law in China. It elucidates the key concepts and measures in practice related to the construction of “digital legal governance”. The article also demonstrates China's experience in establishing typical digital courts as an example, with the hope of providing other countries with useful insights into improving digital law.

RUDN JOURNAL OF LAWVol. 28(3)
Shanghai University of Political Science and Law (CN)
National Social Science Fund of China
Openalex Percentile: Top 46%
Dispute Resolution and Class Actions
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