Key items and abstracts of the 5th legal paper in 2019
1. On the order reconstruction of copyright rights of artificial intelligence products
Xu Min Law School of Southeast University
Abstract: in recent years, the technology of artificial intelligence in the field of content generation has been developed explosively. The products of artificial intelligence "creation" are more and more indistinguishable from the works created by natural people in appearance. As the normative system of copyright law continues the right framework of "author work", the system of copyright rules in artificial intelligence production falls into the dilemma of lack of order of right norms. It is necessary to recognize the AI products accurately and evaluate them reasonably in terms of norms. The uncertainty of ownership of rights does not mean that norms lack the ability to solve problems. Starting from the real order of activities in the research and development and operation of artificial intelligence products, the real plan also needs to return to the specific artificial intelligence "creation" practice itself to rebuild the order of rights.
Keywords: artificial intelligence; copyright; artificial intelligence products; copyright law;
Fund: national social science fund major bidding project "Research on the modernization of big data and trial system and trial ability" (17zda131); national key research and development plan "Research on integrated convenient service technology and equipment for the whole process of litigation" (2018yfc0832000); phased achievement of the project "Research on legal risk of drug Imitation Based on big data analysis" commissioned by Taizhou pharmaceutical high new area procuratorate;
2. Research on application risk and legal regulation of big data medical treatment
Miao Zeyi Southeast University School of law
Abstract: the development of intelligent medical technology based on big data technology has an important impact on the existing medical legal system. Big data medical technology has formed a modern intelligent medical system through the construction of knowledge map, fusion reasoning model and medical accident early warning system. Big data medical treatment is faced with such legal challenges as the risk of personal privacy disclosure, the profit-seeking operation of the algorithm, and the incompleteness of the rule system. In order to respond to the challenge, we must carry out the reform of legal regulation, take safety as the ultimate goal of legal regulation, take moral value as the practical basis of soft regulation, reorientate big data medical treatment with instrumentalism, and finally promote the process of the rule of law of big data medical treatment.
Keywords: big data medical; technical basis; legal risk; soft regulation;
Fund: National Social Science Foundation major project "Research on the modernization of big data and trial system and trial ability" (17zda131); national key research and development plan "Research on integrated convenient service technology and equipment for the whole process of litigation" (2018yfc0832000) phased achievements;
Key items and abstracts of the 6th law paper in 2019
1. "Big data enabling: legal response to the credit crisis of letter of credit
Lu Lu Southeast University School of law
[Abstract] in the era of "data island", the prevalence of fraud, the implantation of soft terms, and the improper refusal of banks frequently lead to credit crisis. The "disturbed bank credit" fully exposes the inherent system defects of L / C, which directly leads to the sharp decline of the share of L / C settlement in the international trade settlement market. However, one belt, one road, and the other two countries, are still in the forefront of the world's credit trade. With the development of big data and artificial intelligence technology, International Chamber of Commerce (ICC) has intensively collected and revised the settlement rules of electronic letter of credit to fill in the defects of credit system and deal with credit crisis. The application of the UCP on electronic presentation (eucp2.0) can make up for the blank of legislation in the field of electronic letter of credit. The concept of rule making in eucp2.0 has profound enlightenment for the unified legislation in the field of trade financing in China.
Keywords: Data Island; electronic letter of credit; credit crisis; big data; eucp2.0;
Fund: phased achievements of "international teaching practice research of law" (B-A / 2016 / 01 / 38), a key funded project of the 13th five year plan for education science of Jiangsu Province;
2. Problems and improvement of the legal regulation of human organ transplantation
Liu Jianli Law School of Southeast University
[Abstract] the regulations on human organ transplantation and the amendment to criminal law (8) have made a comprehensive legal regulation on organ transplantation in China. However, there are still some problems, such as the standard of death identification is not perfect, the scope of living organ donors is not clear, the regulation means for new organ crime is lack, and the number of transplanted organs is insufficient. We should establish the death standard of "brain death" through legislation, reasonably determine the donor range of living organs, strengthen the interpretation and improve the legislation to effectively regulate the crime of new organs, strive to achieve "open source" and "throttling", improve the ethics committee system and other methods to solve these problems. So as to promote the healthy development of human organ transplantation in China.
Keywords: organ transplantation; brain death; donor range; organ in vitro; organ insufficiency;
Fund: National Social Science Foundation Project "Research on the challenges and Countermeasures brought by advanced medical technology to criminal law" (17bfx074); basic research key incentive project of China Law Society "Research on criminal law problems in medical risk management" (cls2018j2); phased achievements of Jiangsu University "Blue Project" funding project;
1. Journal of Southeast University (SOCIAL SCIENCE EDITION); 2. Sponsor: Southeast University; 3. Issue: bimonthly; 4. Place of publication: No.2 Sipai building, Nanjing, Jiangsu Province; 5. Post code: 210096; 6. E-mail: skxbzf@163.com