Create an Internet judicial "trial field", the first instance of the Guangzhou Internet Court takes a judgment rate of 98.42%
Author:Guangzhou Daily Time:2022.08.18
"Since 2021, the Guangzhou Internet Court has given full play to the role of Internet judicial" test field "and adheres to the modernization of network space governance systems and governance capabilities on the track of the rule of law." On August 18, the Fifth Standing Committee of the Standing Committee of the 16th National People's Congress of Guangzhou City At the sub -meeting, the Guangzhou Internet Court made "Report on Giving Drawing on Judicial Functional Services and Serving the Governance of the Governance of the Governance of the Governance of the Rule of Law" (referred to as "Report"). The report revealed that from 2021 to the first half of 2022, Guangzhou Internet received 7,3143 new cases, concluding 7,1007 cases, and a judgment rate of 98.42%in first instance. The trial quality and judicial credibility continued to increase.
Rules for the development of digital economy and technology innovation
As more and more people come in contact with or have virtual property, disputes caused by virtual property transactions have increased.
In the "Live Account Virtual Property Stolen Case" tried in the Guangzhou Internet Court, Yu Moumou was logged in at a different place for a live broadcast platform account and was stolen by a red diamond voucher worth 1180 yuan. Essence
The Guangzhou Internet Court ruled that users have the obligation to properly keep the account password, and the platform also has the obligation to security and adopts necessary guarantee measures. For information such as flowing, it was ordered to bear 40%of the company's liability. After the sentence, a multi -company appealed, the court of the second instance rejected the appeal, maintained the original judgment, and the judgment has come into effect.
The judgment emphasizes that users and platform subjects should have the obligation to protect the security of virtual property and are selected as the top ten typical cases of the Internet of the Supreme People's Court.
According to the report, the Guangzhou Internet Court concluded a network service contract and 4,869 disputes in information network trading contracts, which are clear rules for digital economy development and technological innovation.
In terms of strengthening the protection of intellectual property rights, 3,3091 intellectual property disputes involved in the network, continuously optimizing the innovation environment for innovation and creating entrepreneurship. In the "Side Goddess Labeling Labeling", the icon of counterfeiting applications constitutes copyright infringement and improper competition to protect the new business logo.
Properly trial disputes involving cross -border e -commerce, international domain names, and internationally renowned logos help help shape new open economy advantages. In the "Ritting Drama", it is appropriate to apply the laws of Chinese enterprises in a reasonable expansion of infringement outside my country to help protect Chinese companies' overseas interests.
Typical cases of personality protection of the Supreme Court of Personality
According to the report, the Guangzhou Internet Court applied to various Internet disputes in the Civil Code of the Civil Code, allowing the people to feel fair and just around.
Among them, in the "Case of Rights Rights for the Ranking of Network Awards Ranking", the Guangmou Institute found the name of the law firm as a search keyword for online marketing. The publisher's company and an advertising operator's search company shall bear joint responsibility and sue to the court.
The Guangzhou Internet Court ruled that Guangmou purchased search advertising services to introduce its law firm, and set the name of the country as a search keyword for online marketing to violate the name of the country. Common infringement.
Based on this, the Guangmou and a tiger company were ordered to apologize, clarify the facts, eliminate the influence, and compensate the country's office of 65,000 yuan to the country. After the judgment, the Guangmou and a tiger company appealed. The case was selected as typical civil cases of the Supreme People's Court's personality protection judicial protection. The "Personal Rights Banning Prohibition" was written into the "Work Report of the Supreme People's Court of 2022".
In addition, disputes such as online education, protection of minors, and "killing pigs" involved in online education, minor protection, and marriage website "kill piglets" are properly escorted by the people of the people. In the "wedding photo was stolen", the protection of consumers' personal private photos was exempted from illegal commercial use, and was selected as typical cases of consumer rights protection of the Supreme People's Court.
29 judicial suggestions to promote comprehensive management of data security
Regarding the weaving data information security barrier, the report mentioned that the Guangzhou Internet Court tried personal information public interest lawsuits to guide new technologies and new formats to develop upward. In the "Credit Case of Credit Platform Algorithms", it is determined that "technical neutrality" cannot be a dedicated reason for the maintenance of algorithms. In the "XIN currency investment transaction case", cracking down on illegal investment and financing activities.
At the same time, the border of personal information protection is defined, and disputes such as cross -border transmission and data migration involving personal information involving personal information are properly determined to ensure the security of the information of the network main body. In the "anti -evil website infringement of personal information cases", severely punish illegal announcement and discrediting personal information. In the "APP Access Conduct Case", it is clear that the collection and processing of personal information on the collection and processing of personal information must not be trapped.
Determine the order of data information transactions, pay attention to the role of the digital economy market, and promote the orderly circulation of the factors of data resources. In the "5G Cloud Game Data Equity Competition Case", the third -party platforms are supported to collect original data in accordance with the law, and they are selected as the top ten cases of judicial protection of intellectual property in Guangdong Court.
Actively expand the functions of judicial services, go deep into the grass -roots level and enterprises for more than 40 discussions, issue 29 judicial suggestions, and promote comprehensive management of data security. Complete two provincial key research topics such as face recognition technology, put forward relevant legislative suggestions to contribute judicial wisdom to precise policy.
Promote the realization of higher levels of digital justice
The Guangzhou Internet Court created a diversified solution pattern, optimized the construction of the multi -resolution platform for online disputes in Guangdong, Hong Kong and Macao, and introduced 66 mediation agencies and 513 mediationers. Optimize the business environment of rule of law. Hearing the "Fat Tiger Image Protection Case", and to maintain its own intellectual property rights in accordance with the law. Hearing the "Case of Re -Employment and Re -production Enterprise" to alleviate the shortage of funds for small and micro enterprises, services and guarantee the prevention and control of normalized epidemics. A number of innovative achievements were selected as the "Blue Book of Law (2022)" of the Chinese Academy of Social Sciences.
Create a good atmosphere of the rule of law. Relying on the digital platform of comprehensive service in the lawsuit, 731,000 public trial information. The cumulative cumulative click volume of law articles and short videos reached 330 million times, and various tasks were reported by the central, provincial, and municipal mainstream media reports. Widely accepted supervision from all walks of life, actively and publicly disclosed 29,593 referee documents, and 50.72 million people online "Cloud Intelligent" trials were evaluated nationwide "Excellent Live Court", and the judicial transparency index ranked first in three Internet courts across the country.
The report said that next, the Guangzhou Internet Court will continue to deepen Internet judicial reform and innovation, continue to improve the efficiency of network governance, strengthen the construction of the rule of law of the digital economy, standardize the development of the digital economy in accordance with the law, and help Guangzhou build a pilot city for innovation in the national business environment. Study and implement the "Regulations on the Promotion of Digital Economy in Guangzhou", give full play to the advantages of online trials, and provide strong judicial guarantees in service guarantee for the construction of international consumer center cities and the promotion of the healthy development of the Internet of the Internet. Effectively strengthen the judicial services of people's livelihood, promote the deep integration of digital technology and judicial work, innovate digital judicial models, and continuously meet the people's higher demand for fairness and justice.
Text/Guangzhou Daily · Xinhuacheng Reporter: Wei Lina Guangzhou Daily · Xinhuacheng Editor: Zhang Yingwu
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