Wonkwang University Legal Research Institute最新文献

{"title":"Investigation of the Legislation of Crimes Concerning Endangering Drug Safety in China","authors":"H Zhao","doi":"10.22397/wlri.2023.39.2.225","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.225","url":null,"abstract":"The protection and improvement of drug safety is a major and realistic issue of concern to Chinese society and the public at present. Thus, the crimes concerning endangering drug safety are one of the key areas of Chinese criminal law. The Criminal Law of the People's Republic of China has been regulating crimes concerning endangering drug safety since 1979, and special activities have been carried out in practice to combat crimes concerning endangering drug safety. Although the criminal legislation on crimes concerning endangering drug safety changes frequently in China, its spirit of legislation and the developmental sequence is clear. Firstly, the main legislative form is the criminal code, supported by administrative laws and regulations. Secondly, the scope of criminal law shows a trend of gradual expansion, which is mainly reflected in the expansion of the object of crime and the scope of regulatory act. Thirdly, the time-point of intervention has been brought forward by the criminal law. Fourthly, the punishment tends to be more severe. In criminal legislation of China, the specific content of the crimes concerning endangering drug safety is mainly concentrated on the core crimes related to the act of producing or selling of counterfeit and substandard drugs. This article carried out a detailed analysis of the constituent elements and the controversial issues about these core crimes such as the crime of producing, selling or providing counterfeit drugs, the crime of producing, selling or providing substandard drugs, the crime of disrupting drug administration, the crime of neglecting duties in drug regulation, and other relevant crimes.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130864594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Approach to Functionalization of Criminal Law in Risk Society","authors":"Jing Zhang","doi":"10.22397/wlri.2023.39.2.209","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.209","url":null,"abstract":"Criminal law in risk society shows the trend of functional development. The principle of criminal responsibility which is the cornerstone of the justification of punishment has broken through its dysfunction and created the theory of crime prevention, which has effectively solved the conflict between the principle of criminal responsibility and the purpose of punishment in traditional criminal law theory. Legal interest which is the core of criminal law has deviated from its original intention because of the increasingly broad scope of subsumtion. Therefore, it is the evitable way for legal interest to break through the dysfunction to maintain the principle of legal interest.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128715339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Online Stalking Legislation and Tasks for their Improvement","authors":"J. Kim","doi":"10.22397/wlri.2023.39.2.21","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.21","url":null,"abstract":"Due to the ambiguity surrounding the concept of stalking, there has been much difficulty in introducing laws on how to punish stalking. In short, concerns with regard to overexpanding punitive authority have acted as an obstacle to the legislation of laws on the punishment of stalking, but surprisingly enough the Act on the Punishment of Stalking Crimes was passed in 2021 after long-held discussions. Legislation and enforcement of the Act on the Punishment of Stalking Crimes have made it possible to make a full-fledged response against stalking crimes. However, this same law doesn't mean that an effective response can be made against all stalking crimes. In particular, there is much still left to be done with regard to shoring up the response against online stalking. Lately, in addition to making threats by physically approaching the victim, stalking online has come to the fore as a social issue. Unlike stalking behavior that occurs offline, online stalking is characterized by anonymity, being unconstrained by time and space, and a high degree of transmission. The semi-permanent harm from online stalking demands stronger punishment, but as these new types of crime go beyond the expected scope of existing penal laws, there's a vacuum in terms of their punishment. In particular, previous laws for punishing stalking were impracticable for punishing all types of online stalking. Therefore, legislative measures and institutional improvements were desperately needed to adequately restrict online stalking. Therefore, the present study examined laws on online stalking and reviewed in detail solutions for their improvement. Online stalking through the use of information communication networks has a lower risk when compared to stalking in person where a stalker directly comes face to face with victim. However, online stalking is unconstrained by time and place, has a higher frequency of occurrence, and its harm continues semi-permanently. Thus, its severity cannot be overlooked, and adequate laws that address it must be devised. Specifically, relaxing the requirement for establishing patterns of online stalking crimes, prevention of the spread of harm, and consolidating laws on the punishment of online stalking can prevent the spread of harm and see to delivering an adequate response against online stalking.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130554544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Supreme Court precedents related to application period under administrative statutes and legal implications: Focusing on the Supreme Court 2021.3.18. announcement 2018Du47264 en banc decision","authors":"Sangsu Lee","doi":"10.22397/wlri.2023.39.2.37","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.37","url":null,"abstract":"Administrative statutes contain many provisions regarding the period. However, it is not clear what these terms and conditions mean and what effect they have. On March 18, 2021, the Supreme Court's ruling on the application period for parental leave benefits came out. The issue in this ruling was whether the legal effect of the parental leave benefit application period was a compulsory provision or an instructional provision. Legal regulations are usually divided into mandatory regulations and voluntary regulations, focusing on legal effects. Administrative law uses the term instructional regulation instead of discretionary regulation. It is a matter of statutory interpretation to distinguish whether the term provision is a prescriptive provision or a compulsory provision. The results of analyzing Supreme Court precedents regarding whether the period of administrative statutes are instructive or compulsory are as follows. First, if the application period of the party is directly stipulated in the law, it is considered a mandatory provision. Second, if the application period is stipulated in subordinate statutes such as the Presidential Decree, and if there is a legal delegation, it is regarded as a compulsory regulation, but if there is no legal delegation, it is regarded as an instructional regulation. Third, if the administrative agency's business processing period is stipulated, it is regarded as an instructional regulation regardless of the form of the law. Article 70 (1) 3 of the Employment Insurance Act, which was amended on July 21, 2011, stipulates the application period for parental leave benefits. In addition, Paragraph 2 was newly established in Article 70 to stipulate it in a procedural form, and the previously deleted content was moved and stipulated. In the lawsuit for refusal to pay parental leave benefits, the first trial dismissed the plaintiff's claim, and the second trial cited the plaintiff's claim, considering the application period to be an instructional rule. However, the Supreme Court reversed the judgment of the lower court. The reason is that there is no case in which the Supreme Court precedent has ruled that the statutory provision stipulating the application period for the right to claim benefits under public law is a rule of instruction. The Supreme Court seems to have consistently judged it as a mandatory provision. On the other hand, this ruling divided the right to receive social security benefits into abstract forms and concrete forms, and the legislature determined the exercise period of each right through policy. As a legal implication of this ruling, the author suggested several ways to legislate the application period.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123262118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on effectiveness of the Serious Accident Punishment Act","authors":"Hetty Park","doi":"10.22397/wlri.2023.39.2.3","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.3","url":null,"abstract":"In Korea, even though there were laws such as occupational safety and health law and criminal law, such as occupational negligence and loss of life due to industrial accidents, the proportion of deaths from industrial accidents is still higher than that of advanced countries, and large-scale accidents such as the Icheon fire accident continue to occur. Accordingly, along with awareness of safety, the theory of responsibility for industrial accidents has become a hot topic. As part of that, it has been one year since the introduction of the Severe Disaster Punishment Act was enacted. As a result of the implementation, the investigation is prolonging as the proportion of cases processed is less than 30%, and the effectiveness of the Severe Accident Punishment Act is strongly questioned as only one case has been prosecuted. Rather, the news that the manager is strengthening legal services to avoid his responsibility is that the intention of introducing the Severe Disaster Punishment Act, which was expected to strengthen prevention and safety measures due to strong punishment, disproves that it is flowing in a different direction. Therefore, in this paper, in order to examine the direction of practical application of the Serious Accident Punishment Act, the Industrial Safety and Health Act, which already has similar constituent requirements, and the Corporate Manslaughter and Corporate Homicide Act 2007 will be closely compared and examined, and accordingly, the problems of the Severe Accident Punishment Act will be examined. And, based on James Reason's Swiss cheese model, which analyzed the causes of accidents caused by industrial accidents, along with improvement measures for the effectiveness of the Severe Accident Punishment Act, I'll discuss what is the direction for reasonable attribution of responsibility and prevention of recurrence.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123270159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"미국법상 미성년자 성적 침해에 대한 민사소송의 소멸시효제도","authors":"H. Lee","doi":"10.22397/wlri.2023.39.2.75","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.75","url":null,"abstract":"In the case of sexual infringement against a minor, even if the victim muster up the courage to face the memory of past sexual violence and try to heal the wounds through legal remedies after becoming an adult, the civil statute of limitations has expired since the sexual infringement occurred long time ago. There is a problem of not being able to file a lawsuit due to the statute of limitation. In particular, in the case of sexual infringement against minors, in many cases, the perpetrator is a family member, teacher, religious person, etc. The victim, a minor, is economically and emotionally dependent on the perpetrator, so they do not easily think of filing civil lawsuits even as adults. Fortunately, South Korea established Article 766, Paragraph 3 of the Civil Act in 2020, and legislative improvements have been made so that the statute of limitations does not proceed until a minor becomes an adult in the case of sexual infringement. However, despite these good intentions, there are still limits to the relief, so this article will examine the US system. First of all, in the United States, state and federal laws operate different statute of limitations, and since the 1980s, the discovery rule has been applied so that victims can file lawsuits even after a considerable amount of time has elapsed after they become adults. For example, if the victim of a sexual assault is a minor and the victim has not yet discovered the injury after reaching adulthood, from the time he or she discovers the injury and the causal relationship between the injury and the sexual assault Legislative examples such as the requirement to file a claim for damages within four years reflect the discovery principle. However, despite these laws, there are many cases where the requirements are not met, and the relief of victims has not been smoothly carried out. Thus, California and New York State further extended the statute of limitations, and furthermore, through window legislation, even if the statute of limitations had expired, a period of one or two years was allowed to file a civil lawsuit. This legislation provides an opportunity to sue the victims of Jeffrey Epstein's decades of sexual exploitation of minors. The United States Supreme Court has ruled that the Windows Act is not unconstitutional. While retroactive legislation is “an identifiable injustice”, civil actions based on sexual abuse of minors are rather reasonable in light of the injustice done to the victims. Under these retroactive legislation, some religious organizations are actively raising their own funds for the relief of victims, and are paying settlements on the condition that they do not file a lawsuit against the religious organizations. The basis for such retroactive legislation is that if society has previously borne the cost of damages incurred to the victim, the perpetrator must bear the cost.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"43 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132760249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Research on the Reasonable Application of Proportional Liability in Medical Damage Liability","authors":"Qian Wang, Lening Qiu","doi":"10.22397/bml.2022.29.31","DOIUrl":"https://doi.org/10.22397/bml.2022.29.31","url":null,"abstract":"The Civil Code, which came into effect in China in 2021, clearly stipulates the liability for medical damage, and then a large number of medical disputes have occurred in the past two years, which requires theoretical research to respond in time. Due to the high professionalism and complexity of medical activities, patients' own special physique, primary diseases and other related situations often appear in medical damage, which makes it difficult to directly judge the causal relationship in medical damage liability. The court needs to allocate the responsibility in a case when the causal relationship between facts is unknown, which may easily lead to unfair and just judgment results. In view of the above phenomenon, the theory of proportional liability is widely used in judicial practice at home and abroad, and it is also supported by the legislative and academic circles. Of course, before the application of proportional liability, the following problems must be solved theoretically: how to understand the proportional liability in tort law from the doctrinal level, the rationality of the application of proportional liability, and the construction of specific rules for the application of proportional liability. Proportional liability is that the infringer takes responsibility based on the possibility of the damage caused by the infringement. At present, this theory has developed to the degree of rational construction by introducing probability causality and combining the discretion of damage. This paper adopts the methods of normative research, empirical research and comparative law research, trying to clarify the core connotation and theoretical development of proportional liability, demonstrating the rationality of its existence from the legal basis, theoretical value and practical significance of the application of this theory, and finally devoting itself to constructing systematic and complete applicable rules of proportional liability, making necessary preparations for legislation, so as to solve complex and difficult related problems in practice. \u0000 \u00002021年中国开始施行的《民法典》明确规定医疗损害责任，随之近两年的医疗纠纷案件大量发生，需要理论研究予以及时回应。由于医疗活动具有高度专业性和复杂性，医疗损害中又经常出现患者自身特殊体质、原发疾病等相关情况，导致医疗损害责任中的因果关系难以直接判断。法院需要在事实因果关系不明的情况下进行个案中的责任分配，容易导致判决结果不够公平正义。针对上述现象，国内外司法实务中大量采用比例责任理论，该理论也受到立法和学理界的支持。当然，在比例责任适用前，必须在理论上解决以下问题：如何从教义学层面理解侵权法上的比例责任、比例责任适用的合理性问题、比例责任适用的具体规则构建问题。比例责任是侵权人基于侵权行为对损害结果造成的可能性大小来承担责任，目前该理论已经发展到通过引入概率因果关系并结合损害的酌定来理性建构的程度。本文采用了规范研究、实证研究、比较法研究等方法，试图厘清比例责任的核心内涵与理论发展脉络，从该理论适用的法理基础、理论价值、实践意义来论证其存在的合理性，最终致力于构建系统完整的比例责任适用规则，为立法进行必要的准备，从而解决实务中复杂疑难的相关问题。","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124480277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criteria for Judgment of Negligence in Medical Accidents and Countermeasures: Reference to the cases of Japan and the United States","authors":"Tae-Seok Hong","doi":"10.22397/bml.2022.29.51","DOIUrl":"https://doi.org/10.22397/bml.2022.29.51","url":null,"abstract":"Medical accidents are occurring frequently. This is a problem of negligence and there are many difficulties in proving it. Medical accidents are related to negligence offenders, and in some cases, the sentence is lighter than intentional offenders or there are no regulations at all. For such medical accidents, the victim or the victim's family may suffer damage that they do not need to suffer, which may not only be mentally difficult, but also difficult to prove. On the other hand, from the standpoint of medical staff, if criminal punishment for medical accidents is strengthened, it is not easy to strengthen criminal punishment as it can be passively treated. \u0000In recent years, a series of serious medical negligence cases have led to a lot of discussions on the prevention of this and criminal responsibility for medical personnel, and cases of medical negligence are often leading to criminal cases. \u0000In recent years, it is pointed out that even if criminal responsibility is removed for medical negligence, the prevention effect of medical accidents does not improve the quality of medical care, and for example, it does not function as a normal medical system by reducing emergency medical care and passing on patients. \u0000Meanwhile, medical malpractice cases in the United States are often not subject to criminal punishment. However, even in the United States, criminal prosecutions for medical negligence have not been carried out at all, and in particular, medical negligence cases seem to be on the rise recently. Although the number of medical malpractice cases has been on the rise since the 1980s, it seems to be quite small compared to Japan. However, in the United States, in addition to the punishment for medical negligence, there are various systems including sanctions, which cannot be simply compared with Japan. \u0000As mentioned above there are many cases of medical negligence, but an in-depth discussion is needed on the issue of criminal responsibility for this. Since the U.S. and Japan also have different systems of negligence, it is thought that it will be meaningful to review the criteria for judging medical negligence and countermeasures. Therefore, in this paper we reviewed what the criteria for judging negligence in the United States and Japan are and how they respond to medical negligence.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126921048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Introduction of AI Robot Tax","authors":"H. Yoon","doi":"10.22397/wlri.2023.39.2.123","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.123","url":null,"abstract":"The development of AI robots leads to a decrease in tax revenue due to a decrease in earned income due to the loss of human jobs, an increase in social security costs for unemployment benefits and retraining, and furthermore, as the income gap widens, social problems caused by income inequality are worried about As a result, continuous discussions are being made in countries around the world about the introduction of AI robot tax, and Korea is also studying with interest in what AI robot tax is. Discussion on AI robot tax should start with what AI robots are and whether they can legally be taxpayers or subject to taxation. Depending on the definition, the taxation system of AI robot tax is quite different. First of all, a robot with artificial intelligence, that is, an AI robot, refers to an intelligent robot in which AI technology is applied to the robot. AI robots have abilities similar to humans to some extent. If the AI ​​robot tax is introduced because it replaces humans, it should be reviewed whether it will become a taxpayer with the same legal status as humans. To this end, AI robots must be recognized for their legal status under civil law. However, the current civil law does not grant AI robots the same legal status as humans. Therefore, it is still premature to tax AI robots as taxpayers under the tax law, that is, to impose AI robot taxes like income tax or corporate tax. If so, if robots are treated like automated equipment in industrial settings, AI robots will be subject to taxation. In response, there is an objection that taxing AI robots introduced for technological innovation may undermine the country's future competitiveness in industrial development and result in a violation of tax equity between the AI ​​robot industry and other industries. Therefore, even in order to solve these problems, it is important to set clear standards when introducing AI robot taxes. For example, the problem of how to set the tax base for AI robot tax must also be resolved. In other words, it depends on whether it is based on the number of workers who are fired if it is not the loss of employment of workers due to AI robots, or whether they are simply taxed as assets. Therefore, since it is too much to apply in the current tax law, it is desirable to introduce the AI ​​robot tax based on social consensus through continuous discussion.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121130141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The problems and improvements of the legal principle of the right to data portability in China","authors":"Lulun Jin, Qingrui Li","doi":"10.22397/wlri.2023.39.2.167","DOIUrl":"https://doi.org/10.22397/wlri.2023.39.2.167","url":null,"abstract":"Under the background of digital economy, data, as a new factor of production, plays an extremely important role in resource allocation. The collection, storage and transfer of personal data are gradually normalized, and personal data has become an important resource for public management, social services and business competition. However, the problem also emerges. How to realize the free flow of data while protecting the rights of data subjects to their personal data, and create a win-win situation between the protection of personal data rights and the development of digital economy is a major problem facing the world. The emergence of the portability right of personal data undoubtedly provides ideas for the solution of this problem. In the exercise of this right, the data subject can independently control the flow of personal data among different data controllers, which has the dual effect of enhancing the self-determination right of the data subject and promoting the competition in the data market. At present, the European Union, some states of the United States, Brazil and other countries and regions are formulating laws to raise the right of data portable as a personal data right, and there are also relevant provisions in China's Personal Information Protection Law. As a response to the protection of personal information in the digital age, the right to data portability has a far-reaching significance in protecting the data control rights of users and the barrier-free data transmission. Major countries in the world are already building localized specific specifications for the right to carry personal data, and it will reach more countries and regions in the future. The right to carry personal data is not only related to personal interests, but also an important means to develop the digital economy and realize the marketization of data elements. Therefore, China should also timely build a specific system for the right to carry personal data with Chinese characteristics according to its national conditions. Based on the normative interpretation of China's Personal Information Protection Law, the practical needs of data subjects to realize the right of personal information, and the useful reference of the judicial practice of countries outside the region, the data portable right has further applicable legal logic. The portability of personal data is an extension of the rights and interests of personal information in the Civil Code of China. The establishment of this right can effectively strengthen the individuals' possession and effective control of data, which can not only enable individuals to gain personality independence in the digital economy, but also become a beneficiary of data contribution and reuse. The study of the right to data portability is conducive to improving the personal data protection system, and further clarifying the data ownership and transfer between individuals and enterprises, and between enterprises and enterprises. ","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125851317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}