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Published in last 1 year |  In last 2 years |  In last 3 years |  All Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select On the Legality of Data Grasping Behaviorfrom the Perspective of Competition Law: An Evolutionary Approach from User Consent to Portability Rights GAO Jian-cheng Journal of Jiangxi University of Finance and Economics    2024, 0 (1): 112-123.   Abstract （51）            Knowledge map    Save Due to the uncertainty of data ownership, the consent rule under the framework of private law autonomy is not sufficient to adjudicate the legitimacy of data grasping behavior. A feasible idea is to take personal information data as an entry point and combine it with the right to portability system to adjust the conflicts of interests among the major subjects. Introducing the idea of the right to portability into the adjudication of unfair competition disputes can realize the integration of the norms of the anti-unfair competition law in terms of legal interpretation, and jointly safeguard the rights and interests of consumers and fair competition. Based on this, for non-personal information data, the consent of the user alone cannot have the effect of blocking the illegality of data grasping; as for the personal information data for which the user enjoys the right to portability in accordance with the law, the user can authorize the third party to access the data by means of consent under the premise of satisfying the conditions for exercising the right, thus blocking the illegality of the third party’s act. In applying the idea of portability, the court should still pay attention to whether the user’s consent has been obtained in an improper manner, such as through deception, misinformation or coercion, to ensure its validity and voluntariness, and at the same time weigh the consequences of the transfer of the personal information data in question, so as to avoid adverse effects on the rights and freedoms of others. Reference | Related Articles | Metrics | Comments（0） Select Research on the Connection Mechanism between Civil Public Interest Litigation and Administrative Law Enforcement in Anti-Monopoly Prosecutors JIANG Yan-bo, DAI Rui Journal of Jiangxi University of Finance and Economics    2024, 0 (1): 124-136.   Abstract （47）            Knowledge map    Save The establishment of a procuratorial civil public interest litigation system to compensate for the insufficient public and private implementations of China’s current anti-monopoly law is a major highlight of the revision of the anti-monopoly law in 2022, which is in line with the legislative goal of safeguarding consumer interests and social public interests under the anti-monopoly law. It is also an important manifestation of China’s procuratorial organs exercising legal supervision and public interest maintenance functions. However, the newly established anti-monopoly procuratorial civil public interest litigation system in China has suchproblems as unclear nature positioning, simpler legal provisions design, and lack of operability in procedures, especially the positioning and connection between civil public interest litigation and administrative law enforcement, which directly affects the correct implementation of the system. By reviewing the legal and economic theories of civil public interest litigation in anti-monopoly prosecution, this paper analyzes the practical difficulties in the implementation of China’s anti-monopoly prosecution civil public interest litigation system. The findings show that the anti-monopoly prosecution civil public interest litigation system needs to be restructured from two aspects: the substantive law and the procedural law. Only by rationally designing a connection mechanism between the anti-monopoly prosecution civil public interest litigation and the anti-monopoly administrative law enforcement,canwe fully leverage the supervisory function of the civil public interest litigation by prosecutors, improve law enforcement efficiency, save judicial resources, and ensure the systematic and coordinated implementation of the anti-monopoly law on the basis of respecting the basic laws of anti-monopoly administrative law enforcement. Through the integration of the two laws,the characteristics of balancing public interest and private interest in civil public interest litigation of anti-monopoly prosecution can be further reflected, so as to reach the goal of compensating for the losses of individual subjects and safeguarding consumer welfare and social public interests. Reference | Related Articles | Metrics | Comments（0） Select On the Responsive Turn of China’s Securities Regulation: Observation Based on the First Case of Illegal Reduction after the Implementation of the New Securities Law WANG Yi-cheng Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 114-127.   Abstract （57）            Knowledge map    Save CSRC shifted the regulatory path in the Yingyi case of Shanghai because of the policy background of “zero tolerance”, which reveals the practical requirements against the poor effectiveness of the existing behavior regulation and the lack of relief in civil compensation litigation, reflecting the deterrent regulatory strategy of “command-control”. The breakthrough in identifying the nature of behavior in this path shift has already violated the rules and values of information disclosure and share transfer restrictions, highlighting the inherent limitations of the regulatory model based on deterrence strategy, such as the randomness of law enforcement, the tendency to excessive punishment, and the presupposition of antagonistic relationships. The responsive regulation theory breaks away from the single idea of “strengthening deterrence with punishment”, and is committed to building cooperative relationships, which can improve the regulatory efficiency and serve as a basis for China’s securities regulatory reform. However, in the process of its localization, it is necessary to properly handle the incompatibility between it and the local resources of China’s securities regulation, so as to avoid oriented regulatory capture and substantive regulatory relaxation. To play the positive role of the responsive regulation and improve the scientificity and effectiveness of China’s securities regulation, it is necessary to base on the actual needs of China’s capital market, promote the subjective consciousness and ability building of the self-disciplined regulators, optimize the cooperative administrative regulation tools, and ensure the deterrent strength of securities law enforcement. Reference | Related Articles | Metrics | Comments（0） Select Classification of Legal Attributes of Medical and Health Information and Its Private Law Protection SUN Hui Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 128-139.   Abstract （42）            Knowledge map    Save It is not advisable to broadly define medical and health information as private or sensitive personal information, which can easily lead to confusion in the application of law in judicial practice. In practice, the information categories of medical and health information are diverse. Based on determining the relationship between private information and sensitive personal information, we should analyze the underlying value logic of different information categories and use the typological method in legal methodology to divide the legal attributes of medical and health information into four categories: private information, sensitive personal information, both private and sensitive personal information, and neither private nor sensitive personal information. Among them, the identification of private information can draw inspiration from the theory of reasonable expectations of privacy. The identification of sensitive personal information should distinguish between the first level of protection based on personal dignity and the second level of protection based on personal information self-determination, which realizes the correction function during data processing. Only in this way can we find the most accurate private law protection approach for different types of medical and health information based on the privacy rules in the Civil Code, the general provisions in the Personal Information Protection Law, and the special provisions on sensitive personal information. For medical and health information that belongs to both private and sensitive personal information, the scenario analysis methods should also be used to distinguish different levels of processing behavior: the first level applies both of the privacy rules and the sensitive personal information rules, and the second level directly applies the sensitive personal information rules. Reference | Related Articles | Metrics | Comments（0） Select Enterprise Criminal Compliance: Practical Reflection and Theoretical Expansion YE Zi-han Journal of Jiangxi University of Finance and Economics    2023, 0 (6): 140-148.   Abstract （57）            Knowledge map    Save The compliance reform of the enterprises involved in the cases has achieved phased results, but due to the serious shortage of theoretical supply, the reform practice is facing many difficulties, such as the unclear definition of the concepts of criminal compliance, the unclear applicable objects of the reform, the lack of negative compliance incentive mechanism, and doubtful standards of compliance effectiveness. With the continuous deepening of the compliance reform of the enterprises involved in the case, there is an urgent need to explore and clarify the important concepts related to criminal compliance. On the basis of summarizing and reflecting on the existing practical exploration, we should combine our experiences with the experience of foreign compliance, and according to the basic principles and internal logic of criminal compliance, make clear that the basic concepts of enterprise criminal compliance are the criminalization and upgrading of enterprise compliance, the incentive mechanism of enterprise criminal compliance being the organic unity of positive and negative incentives, and the basic criterion for judging the effectiveness of enterprise criminal compliance plan being to eradicate the organizational defects. Only in this way can we provide sufficient theoretical basis and conceptual guidance for the in-depth construction of the enterprise criminal compliance system. Reference | Related Articles | Metrics | Comments（0）