Research On The Qualitative And Legal Regulation Of Digital Products In Cross-border Trade

In the modern day,technology is a rapidly evolving,ever-changing force that touches all aspects of human existence.Its effect is felt from manufacturing and trade,down to the most fundamental,interpersonal human relationships.Technology's evolution knows no bounds,while the law is an ancient and established creature that adapts to new conditions at an unhurried pace.Digital products are the new one which have shocked the traditional legal system and brought lots of trouble to judiciary area.When the digital trade develops at a rapid pace,the cross-border digital trade becomes increasingly popular.This kind of new mode has caught serious challenge to current legal system.The classification of digital products affects the global negotiation of rule-making,the choice and application of rules,the determination of jurisdiction,the settlement of disputes and the follow-up negotiations.There are three main stream opinions on the ownership of digital products,firstly,digital products can be classified into goods and should be regulated by GATT.Secondly,digital products are kind of services,thus they must follow the rules of GATS.The latest one is that digital products are new things and they need new laws.Due to different opinions on the ownership of digital products among the candidates,the negotiation of rules has suspended for a long time,making it hard to reach a key treaty.Everything are in circles,thus most of countries try to conclude Free Trade Agreements with each other and actively explore the rules of digital products.The United States and the European Union have concluded trade agreements with the outside world,and formed a more advanced and representative model of digital trade rules.Although China has a good momentum of development in digital trade,the development of legal system still lags behind Europe and the United States.Therefore,focusing on the ownership of digital products,this paper analyses and summarizes the existing cases from the point of view of the problem,the importance of the problem and the way to solve it.Based on the current development of digital products in China,analyzing the legal regulation of digital products in cross-border trade is advanced and necessary.