Research On Legal Regulation Of Two - Dimensional Code

Two-dimensional Code is a new product of technology science, which mainly depends on Smart phone app, in comparison with One-dimensional Code,they are more convenient and faster, they can contain more information and could be applied into a wider area. According to the statistic from China MIIT(Ministry of Industry and Information Technology) in May, 2014, the possession of Smart phone in our country have arrived 12.56 hundreds million, It seems that everyone have a scanner of Two-dimensional Code. Through research and investigation, we think the scanning of Two-dimensional Code has the risk which needed to be regulated by law when faced with the booming popularity.Firstly, this thesis list the legal problem of Two-dimensional Code from 4aspects: Could it consist the declaration of will; Will it threaten the safety of customer information; Can Two-dimensional Code act as advertisement in law;the challenge it raised in e-evidence obtaining and save. Then we discuss about the application and insufficient of current instruments, based on the outline in2014 of <The supervision of The Payment businesses of Payment Industries> and<The Guiding Opinion of Phone Payment businesses> issued by The People’s Bank of China, which show the government has realized the revolution new technology bring to the traditional payment and tried to find the resolution. As a new technology product, Two-dimensional Code acts as the highway between smart phone users and Internet, wandering around the grey area of legal supervision. Considering the different role Two-dimensional Code act as, We should rethink the supervision of Two-dimensional Code from different aspects:First, making sure that the scanning risk come from the infected Internet website which Two-dimensional Code point to, so in addition to raising the standard of Fire Wall Security, the Internet Service Provider must act as a “rational, careful and profession in Internet provider”; Second, to answer the problem that whether scanning will invade personal privacy, the traditional theories about privacy have a long history, comparison with the standard of privacy protection in normal social life, in web it should be lower and we should judge it by the spirit ”Independence and Liberty” in comprehensive view; Third, using Two-dimensional Code means no face-to-face. In order to balance the legal risk in the condition that ensuring the information actually sent and well receive, and whether the party is limited capacity of civil conduct or no capacity of civil conduct, we agree to use the principal: Be responsible to your own risk, which regulates not only the scanning customer, but also the Two-dimensional Code producer; Fourthly, with more and more people scanning Two-dimensional Code,it is urgent to legislate the protection of personal information; Fifthly, it is also important to legislate relevant standard of paying in Two-dimensional Code and the inspection of e-evidence etc..Finally about the legislation, Two-dimensional Code is multi-jurisdiction and multi-character, so it is quite difficult to find the only law instrument to adjust, so the result in thesis is no need to make another law or regulation to adjust it solely because we can’t foresee what area the Two-dimensional Code could be used in and if we insist, the cost will be heavy and the effect of enforcement can’t be guaranteed. The supervision we can apply is mainly using the revision of <The Supervision of Goods’ Bar Code> —the < The Supervision of Goods’ Picture Code >as the regulation of registration and then using other law and regulations we have at that time to adjust the actual Two-dimensional Code applied as. We believe in this way we can adjust the Two-dimensional Code and other quick response computer code in the future.This thesis aims to analyzing the shock Two-dimensional Code bring to the regulation and traditional theories, researching the legal defection behind the improvement of new technology product and giving some suggestions. Hoping through this way can provide new thinking blink of the adjustment for legal theory and practice in Internet era and Scanning era.