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Research On Inference Of Information Right

Posted on:2005-11-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:1116360125950966Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the vigorous development of the IT technology since 1960's, human beings have stepped into the information society. The information issue has been a magnetic and hopeful theoretical field. Then this issue attracts scholars on legal theory too. Information can be regarded as not only a legal concept, but also an object of legal rights. From it, a new type of legal right - information right has been derived. The main purpose of this dissertation is to justify the information right.The core opinion of this dissertation includes: Information is the very important resource and an integrant element in information society. As a legal concept, information is the symbol system, which should satisfy some specific conditions. The information right is a bunch of rights whose objects are information. As a new type of legal right, the information right has functional advantages of interpretation and institution. The inference of right is about the development of right. With the basic models - deductive inference model, inductive inference model, the information right can be justified by the theory of the right inference. The main innovations of this dissertation are: 1. The conditions that information should satisfy as a legal concept. 2. The information right is a bunch of rights whose objects are information. As a new type of right, the information right has functional advantages of interpretation and institution.3. The inference of right about the development of rights is a dialectic logic thinking process of finding and confirming new rights. 4. With the two basic types of right inference - deductive inference model and inductive inference model, a new right can be justified. 5. The right of information can be justified using the models of right inference. Besides introduction and the ending paragraph, this dissertation is divided into five parts: Introduction: The question of information is the central issue of information times, which should be incorporated into the legal research. As the maturest category in law theory, right is the appropriate visual angle for law to study information issue. Through the window of right, the problem that we get is: Are there some elements in the nature of information that can be expressed by right. Is the information right of justification? With the theory of right reference, we can find the justification of the information right.Chapter 1: The concept of information is the origin, and the concept of information right is the goal for the inference of the information right. In the process of cognition of mankind on information, we find that in the elementary stage, information was a daily term in living and a category attached to material world in theoretical thoughts only because of the restriction of productivity level and social development. Information wasn't a concept with clear meaning yet. Along with social development, especially the arrival of the information society, the value of information in social life has been recognized clearly. People have distinguished the information itself from physical medium of information; and made it an independent concept. Since information means efficiency, everybody hope to have more although it is limited. So information has become both the most important resource and the social structural factor. Information is becoming the independent object of legal adjustment, which should and can be an independent legal concept. The information that has legal meaning is the symbol system that satisfies specific conditions. These conditions include: Sociality, the quality that should be governed by law, the quality that can be changed into coding, and the quality that can be spreaded. The information in law is the object of legal rights. From it, a new type of legal right - information right has been derived. The information right is a bunch of rights whose objects are information. As a new type of right, the information right has functional advantages of interpretation and institution. The legal right bundle c...
Keywords/Search Tags:Information
PDF Full Text Request
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