Civil Law

Whether Personal Credit Information is Sensitive Personal Information?

This essay tries to reconstruct the position of personal credit information in PIPL based on a comparative look and a theoretical reanalysis. Part 2 looks at extraterritorial theory and practice to demonstrate the necessity to balance personal credit information protection and financing facilitation. Part 3 argues that the definition in Article 28(1) of PIPL is unreasonable and the protection of personal credit information as sensitive personal information is neither socially beneficial nor, in fact, conducive to personal information protection. Part 4 denies personal credit information as sensitive personal information by a stricter interpretation of Article 28(1).

Yin Shanghong

China Law Update 15 Tsinghua China L. Rev. (2023)

Intellecutal Property Law

Distribution or Information Network Dissemination: A Prospect for the Legal Characterization of NFT Digital Work Transaction

Part 1 of this article will first highlight the core issue of the debate by identifying the stages in the NFT digital work transaction. A theoretical comparison of distribution and information network dissemination will be depicted in Part 2. Part 3 will therefore illustrate that the sale of NFT digital works is more appropriate to be deemed as an act of distribution instead of information network dissemination. Part 4 will further focus on the flaws of the judgment of China’s first NFT case. Finally, Part 5 will conclude the article and prospect the future of China’s copyright law legislation or interpretation.

Hao Xinchang

China Law Update 15 Tsinghua China L. Rev. (2023)

Civil Law

Identification of Parentage in the Context of Surrogacy

How to provide a relatively foreseeable system for the identification of parent-child relationship under the problem of surrogacy, and at the same time protect the interests of the parties, especially for the children involved in the cases has become an urgent problem to be solved. Based on the judicial judgment of Shanghai First Intermediate Court in 2015 and several latest judicial judgments of courts in China after that typical case, the article tries to analyze the possible influencing factors considered in different decisions and looks forward for future progress.

Chen Qingyang

China Law Update 15 Tsinghua China L. Rev. (2023)

Civil Law

More Accessible Protection for Domestic Violence Victims: New Developments in Personal Safety Protection Order

Except for the Introduction and the Conclusion, this note is divided into the following four sections: the first section analyzes the new standard of proof applicable to the issuance of personal safety protection orders, which is a lower one than the general one for Chinese civil litigations; the second section introduces how the new updates on protection orders expand the scope of “domestic violence”; the third section discusses how the new legal instruments contribute to the establishment of a more comprehensive enforcement mechanism for the protection orders; the last section proposes that China may establish a temporary protection order system soon. The author’s suggestions and comments on the new updates are incorporated in the relevant sections.

Zhou Shizun

China Law Update 15 Tsinghua China L. Rev. 161 (2022)