关键词: 数字人权, 数字属性, 法理基础, 概念构造

Abstract: The concept of “digital human rights” is of great significance to the protection of rights in the digital era. The jurisprudential foundation of digital human rights starts from its background, legitimacy and normative basis. In the digital era, the existence form, life style and production mode of human beings have “digital attributes”, which in turn expand the social attributes of human beings. The legitimacy of digital human rights lies in the fact that the proposal of digital human rights is in line with the trend of the times, which is conducive to the integration of the theories of human rights protection in the digital field, and draws a “red line of human rights” for the development of technology. The United Nations, the European Union, the United States and China all have sufficient normative foundations for digital human rights in their legislative documents. The argumentation of the conceptual construction of digital human rights is based on nature, status, connotation and denotation of digital human rights. Digital human rights are the basic rights that human beings should enjoy as human beings in digital life and digital space, and they are the fourth generation of human rights with independent status. The specific types of digital human rights mainly include the rights of network access and utilization, the rights of digital equality, the rights of digital freedom of expression and the rights of data property. Based on the exploration of the jurisprudential foundation and conceptual construction of digital human rights, the question of “what digital human rights are” is systematically answered, and ideas for the protection of human rights in today’s digital era are provided.

Key words: digital human rights, digital attributes, jurisprudential foundation, conceptual construction