Current Issue

2010, Vol. 12 No. 1 Published:28 February 2010

互联网治理与法律
StudyontheDevelopmentandApplicationofIPJudicialProtectioninCyberspace

JIANG Zhipei

2010, 12 (1): 1-3.

Abstract ( 2333 ) PDF (0 KB)( 68 )

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This article analyzes the characteristics of the protection of intellectual property (IP) rights in cyberspace, of which copyright issues are the most serious However, the existing legal system cannot regulate the issues appropriately And a wide range of litigants would involve in the disputes In order to adapt to the development of technology, it is recommended that the existing legal system and judicial practice should continue to be reformed We should persist in striking a balance between the interests of public access to information and protection of IP rights, thus ensuring cyberspace security, especially the youths’ rights


TrendofCopyrightLegislationinCyberspace

XU Chao

2010, 12 (1): 4-6.

Abstract ( 2331 ) PDF (0 KB)( 81 )

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Legal issues with regard to the Internet are either public or private issues Copyright in cyberspace is seldom described or concerned in civil rules or regulations The improvement and development of the copyrights will be in close association with the development of information technology WCT and WPPT would support the protection of copyrights in cyberspace and the defendant cannot avoid copyright protection measures Imputation Principles between the ISP and ICP are different and the responsibility of ISP can be exempted if ISP does not infringe users’ interests intentionally The P2P technology has aroused many troubles which should be regulated appropriately by way of developing the existing legal system and theories


TheObjectsandGoaloftheResearchonInternetGovernanceandLawofInformationSociety

LI Yuxiao

2010, 12 (1): 7-11.

Abstract ( 2328 ) PDF (0 KB)( 78 )

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With the development of computer science and technology and communications technology, the Internet promotes the integration of virtual world and real society, which brings about the changes of many aspects of society However，it also introduces problems such as hacker attack, virus attacks, spam harassment and personal information leakage Worse still, because of lack of corresponding regulatory laws and systems, no applicable or effective solutions can be utilized In this sense, it is necessary to study Internet governance and law of information society This article investigates the relationship between the objects of information society from macroscopic view, and defines the goal of the research on Internet governance and law of information society


OntheTraceModeforResponsiblePersoninInformationSpace

LOU Yaoxiong

2010, 12 (1): 12-15.

Abstract ( 2002 ) PDF (0 KB)( 68 )

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Realname registration system is a kind of simplistic approach to ascertaining responsibility in information space The mechanism of realname registration system is to map subjects in information space into those in real space onetoone beforehand, then depending on the existing imputation system of real space, to resolve the imputation problem in information space However, the fascination of information space lies in the perceived freedom when hiding Therefore, to let subjects in information space take off their invisibility cloak, “vigilantly and prudently” exist after mapping, although it does resolve imputation problem in information space, it eradicates the pleasant sensation at the same time To build subjects’ mapping database from information space to real space is an effective method of ascertaining responsibility in information space It not only reduces imputation cost under reasonable limit, but also does not excessively hurt the perceived freedom Mapping database belongs to national secret Nobody has the right to use it without permission from authority


ResearchonLawIssuesaboutPersonalInformationProtection

SUN Changxing, QIN Jie


2010, 12 (1): 16-23.

Abstract ( 2304 ) PDF (0 KB)( 67 )

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With the development of information technology, the government sectors and nongovernment sectors both have collected and stored a large amount of personal information in activities Moreover, the law of personal information protection is incomplete Hence, the protection of personal information becomes necessary Based on the analysis of personal information protectionrelated legislation of China, European Union, USA, Japan and other countries, this article clarifies the regulated rights on information subject, standardizes information processing of the information processor, and confirms that the protection of personal information and information dissemination should both be considered


LegalAssessmentoftheTheoreticalConceptionsofComputerandCyberCrime

LU Yao

2010, 12 (1): 25-28.

Abstract ( 2057 ) PDF (0 KB)( 76 )

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As the development of network technology changes people’s lives, it also pushes computers and cybercrime to the focus of attention Description and contrastive analysis of the concepts of computer and cyber crimes defined by scholars at home and abroad reveal that, under the current social environment, the distinction between computer crime and cybercrime is no longer typical Based on this analysis, this article holds that concepts of the computer crime and cyber crime should be unified


OnLegalAnalysisandRegulatoryAdviceaboutVirtualCurrency

XIE Yongjiang

2010, 12 (1): 29-35.

Abstract ( 2359 ) PDF (0 KB)( 72 )

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Virtual currency is a kind of electronic security certificate of claims to the issuer, with micropayment functions and reward functions With the popularity of the Internet and rapid development of online gaming industry, a large number of virtual currencies have been issued and used The issuance and use of virtual currency bring a certain degree of risk to the users and the country’s financial order It is suggested that it is necessary to clarify the legal nature of virtual currency through legislation of judicial interpretation, to strengthen the regulation of the issuance and transaction of virtual currency, and to protect the interests of the holders of virtual currency


FreedomofSpeech,MediaTechnology,andConstitutionalDefenses——FromtheHistoryofTechnicalRegulationinFreedomofSpeechinUSA

SHI Fei

2010, 12 (1): 36-43.

Abstract ( 2155 ) PDF (0 KB)( 69 )

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The development of communication media has promoted freedom of speech while introducing challenges for social governance This article traces back in the past 100 years US regulation of communication media and freedom of speech, which experiences loose and tight regulation in succession and finally returning to loose regulation Also, this article analyses the challenges brought in by the development of communication media on the order safety of American government, differentiates related governance logic, psychological fear and the logic of constitutional defenses behind them From the point of historical development, though the fear about order safety focused on the development of communication media has been decreased, the intricacy of relative governance has once again showed that we need focus more on the functions the communication media has It is this function that makes the freedom of speech come true and enhances the civil selfgovernance agency, more on its constitutional function, than on the impact on social order it has when affiliated with free speech It is time to readjust the relationship between freedom of speech and communication media


LegalResearchontheRelationshipBetweenGovernmentandNetworkPublicOpinion——FromthePerspectiveofEmergency

MA Li

2010, 12 (1): 44-50.

Abstract ( 2608 ) PDF (0 KB)( 78 )

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This article, based on the western classical theory of the relationship of state and society, under the economic and social context in China, explores and builds the ideal relationship between a state and the society It is believed that the relationship between a state and the society has no ultimate model, whereas it should be in harmony with the realities of political development The legal relationship between government and network public opinion will be analyzed from perspectives of the goal, subjects, objects and means, which provide strong theoretical guidance for governance of dealing with emergencies


LegalRegulationonSpaminAustralia

SHI Qian1,2 ，ZHANG Rui3

2010, 12 (1): 51-55.

Abstract ( 2301 ) PDF (0 KB)( 82 )

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Australia has established relatively sound legal regulation on spam Investigation into its regulatory system reveals its merits that contribute to its success, such as clearly and roundly defining junk email, fully protecting the interests of citizens and designating a professional regulatory authority These feature merits shed light on practices in China to draft a system of particular laws and set up a special agency against spam


CriminalProtectionandLawsuitPatternofVirtualPropertyofOnlineGame

YU Ling，SUN Xiaolei

2010, 12 (1): 56-60.

Abstract ( 2690 ) PDF (0 KB)( 63 )

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This article analyzes the criminal protection and lawsuit pattern of virtual property of online games The representation forms of virtual property in online games are described Based on analysis of the ownership of the property, the legal relationship is investigated among the related subjects of the virtual property Meanwhile, the patterns of crimes committed on virtual property in online games are summarized, which are categorized as crime in online games and real world Finally, with recourse to current laws and regulations, two solutions are obtained for protection of virtual property in online games: extending the scope of legal explanation and defining new crime types It is judged by the degree of social harmfulness to adopt the lawsuit pattern of public prosecution or private prosecution


StudyonCriminalResponsibilityofIllegalAcquiringPersonalInformationofCommunicationsUsers

SHI Yuchun1，2，LI Changxi2， WEI Zaixue3

2010, 12 (1): 61-64.

Abstract ( 2742 ) PDF (0 KB)( 78 )

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With the rapid development of information technology and unprecedented improvement of the ability to collect, process and transmit information, such circumstances as illegal revealing personal information happen occasionally In order to exactly implement the provisions regarding crime of illegal acquiring personal information prescribed by the Seventh Amendment to the Criminal Law of PRC, the article discusses problems regarding the meaning of Personal information of communications users, the definition of violating state’s provisions, and related behavior modes

网络文化

OnTraitsofCommunicationofMobilePublications

LI Ming1,2，XIA Guangfu1


2010, 12 (1): 65-68.

Abstract ( 2208 ) PDF (0 KB)( 67 )

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Mobile publishing is a new form of publishing based on the technology of mobile media From the angle of communication, this article analyzes its form of communication As a digital product circulating in network and realized by electronic transaction, mobile publishing has the characteristics of nonmaterialized communication vehicle, diversity of language, interactive communication forms and minority patterns of communication


OnLegalIssuesofVideoSharingWebsite

ZHNAG Lina

2010, 12 (1): 69-72.

Abstract ( 2345 ) PDF (0 KB)( 76 )

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In recent years, with the development of Internet technology, the Internet has reached alsmots every aspect of people’s life As it brings considerable convenience, it also faces much legal prosecution that it infringes the copyright in cyberspace This article, with recourse to reality, investigates the statusquo of the development of video sharing websites as well as its conflict with the protection of copyright With regard to deficiencies in legislative regulation in solving this conflict, this study proposes corresponding suggestion for improvement of the regulation, in an attempt to shed light on the legislative practice


通信管理

ConstructionofIndexFrameworkforAssessingEffectiveCompetitionintheTelecommunicationMarketofChina

LI Guanyu, LIN Penghui, LU Tingjie

2010, 12 (1): 73-79.

Abstract ( 2306 ) PDF (0 KB)( 74 )

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This article, based on the theory of effective competition, introduces evaluation frameworks of the effective competition in some typical foreign countries Considering the practical situation of China’s telecommunication regulation, we select three indicators, namely, the market structure, the market behavior of operators and the market performance, to establish the index framework of assessing the effective competition in China’s telecommunication market And reasons for selecting these indictors are explained as well Finally, the direction of further studies is presented


StudyonAsymmetricRegulationPoliciesofChina’sTelecommunicationMarket

LIU Xiaoming，LU Tingjie

2010, 12 (1): 80-85.

Abstract ( 2351 ) PDF (0 KB)( 72 )

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The choices and implementation of telecom regulatory policies and measures are very important to promote fair and effective competition in China’s telecom market In this article, implementation frame of asymmetric regulation and main policies are introduced, and the implementation of these measures in China is analyzed and discussed


RegulationofTelecommunicationsServiceQualityintheWholeServiceOperationAge

LIU Shan，JIANG Yang，LIANG Xiongjian

2010, 12 (1): 86-92.

Abstract ( 3074 ) PDF (0 KB)( 78 )

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Based on the developing tendency and basic pattern of telecommunication services, this article explains the reasons why telecommunication services difference exist in the whole service operation age from two aspects of quality and satisfaction percent Then it analyzes the shortage of nowadays regulation mechanism from information integration, regulation field and regulation power limit, and the consequently quality problems caused from three aspects of offside, transplacement and absence Finally, regulation suggestions are proposed from regulation department selfconstruction, service quality regulation content and the equipped measure facing to the consumers


ResearchReviewonModelsofEnterpriseRiskForewarningManagement

ZHAO Xu，XIN Zhigao

2010, 12 (1): 93-97.

Abstract ( 2418 ) PDF (0 KB)( 77 )

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This article defines enterprise risk and earlywarning at first, analyses the evolution of earlywarning management of risk, introduces earlywarning model of enterprise risk at home and abroad studies, reviews four major research methods on the risk of earlywarning model studies: the multivariate statistical analysis, artificial neural network (ANN) model, system dynamics method, support vector machine (SVM) model; pointes out the lack of current research and predicts the future direction of riskmanagement models of earlywarning research