The first chapter is the concept and formation of information law.
Section 1 Concept and Adjustment Object of Information Law
First, the concept of information law
Second, the adjustment object of information law: information relationship
Section 2 Status and Origin of Information Law
I. Status of information law
Second, the origin of information law
Section 3 Relationship between Information Law and Laws and Policies of Adjacent Departments
I. Information Law, Electronic Commerce Law and Network Law
Two. Information law and media law
Three. Information law and information policy
The second chapter is the change of social form and the formation of information law.
Section 1 Changes in Social Forms and Laws
First, the core law of agricultural socio-economic resources allocation-land law
Second, the core law of industrial social and economic resources allocation-chattel law
Third, the core law of economic resources allocation in the information society-information law
Section II Overview of National Informatization Strategy and China Information Legislation
I. Overview of social informatization
Two. Overview of national informatization strategy
Three. Overview of information legislation in China
Chapter III Purpose, Principles and System of Information Law
Section 1 Purpose and Basic Principles of China Information Law
I. Purpose of the Information Law
Second, the basic principles of information law
Section 2 Information Legal System
I. Basic Law on Information
Second, the personal information protection law.
Three. Government information disclosure law
Four. Information property law
Verb (abbreviation of verb) information security law
Chapter IV Information
Section 1 Concepts and definitions of information
First, the method of defining information.
Second, the definition of information
Section 2 Legal Characteristics and Basic Categories of Information
First, the legal characteristics of information
Second, the basic categories of information
Part II Protection of Personal Information
Chapter 1 Overview of Personal Information
Section 1 The Concept of Personal Information
First, the concept of personal information title
Second, the definition of personal information
Third, the legal nature of personal information.
Section 2 Classification of Personal Information
First, the administrative division of personal information categories
Second, the theoretical division of personal information categories
Chapter II Overview of Personal Information Protection Law
Section 1 Concept and Adjustment Object of Personal Information Protection Law
First, the concept of personal information protection law
Second, the adjustment object of the personal information protection law
Third, the legal relationship of personal information protection.
Section 2 System and Classification of Personal Information Protection Law
First, the system of personal information protection law
Second, the classification of personal information protection law
Section III Status, Attribute, Purpose and Function of Personal Information Protection Law
First, the status of personal information protection law
Second, the nature of personal information protection law
Third, the purpose of personal information protection law.
Fourth, the function of personal information protection law.
Section 4 Basic Principles of Personal Information Protection Law
First, the principle of clear purpose
Second, the principle of informed consent.
Third, the principle of purpose limitation.
Fourth, the principle of information quality.
Verb (abbreviation of verb) safety principle
Sixth, the principle of open policy.
Seven, the principle of no leakage
Eight, the principle of preservation period
Nine, the principle of free circulation and reasonable restrictions
Chapter III Personal Information Right and Personal Information Processing Behavior
Section 1 Concept and Nature of Personal Information Right
First, the concept of personal information rights
Second, the nature of personal information rights
Section 2 System of Personal Information Right
First, the right to decide information.
Second, the right of information inquiry.
Third, the right to correct information.
Fourth, the right to block information.
Verb (abbreviation for verb) the right to delete information.
Right of information secrecy of intransitive verbs
Seven. The right to demand remuneration
Section 3 Personal Information Processing Behavior
I. Collection
Second, processing
Third, use
Chapter IV Elements of Handling Personal Information by State Organs
Section 1 Elements of Collection and Processing by State Organs
First, the specific purpose elements
Second, three optional elements.
Section 2 Requirements for the Use of State Organs
I. Elements of general utilization
Two, the use of state organs for other purposes of the eight elements
Section 3 Legal Elements of Computer Comparison
First, the concept and scope of computer personal information comparison
Second, the goal and purpose of computer comparison
Three. Standardized comparison: comparison items
Fourth, the premise of comparison: more consistent
V. Oversight comparison: information unification committee
Remedy of Personal Rights of Intransitive Verbs: Due Process
Chapter V Requirements for Handling Personal Information by Non-State Organs
Section 1 Elements Collected and Processed by Non-State Organs
I. qualifications
Second, the specific purpose elements
Three, five optional elements
Section 2 Requirements for Utilization of Non-State Organs
First, the legal requirements for the use of personal information by non-state organs.
Second, the restrictions of the competent authorities and the four restrictive elements.
Three, the six elements of non-state organs' non-purpose use
Chapter VI Transnational Transmission of Personal Information
Section 1 Overview of Transnational Dissemination of Personal Information
I. Transnational transmission of personal information
Second, the classification of transnational dissemination of personal information
Section 2 Basic Principles of Transnational Transmission of Personal Information
First, the principle of free circulation and reasonable restrictions.
Second, the principle of reciprocity.
Third, the supervision of transnational transmission of personal information.
Chapter VII Legal Liability for Infringement of Personal Information
Section 1 Overview of Acts and Responsibilities of Infringement of Personal Information
First, the concept and classification of personal information infringement
Second, personal information infringement and responsibility
Section 2 Infringement and Responsibility of Personal Information of State Organs
I. Infringement of personal information by state organs
Second, the constitutive elements of state organs infringing on personal information
Third, responsibility.
Fourth, the form of responsibility.
The third part of the government information disclosure law
The first chapter is an overview of the government information disclosure law.
Section 1 The concept and nature of the law on the disclosure of government information
First, the concept of the government information disclosure law
Second, the nature of the government information disclosure law
Third, the legal relationship of government information disclosure.
Section II Purpose and Significance of the Law on the Openness of Government Information
First, the purpose of the government information disclosure law
Second, the significance of enacting the law on the disclosure of government information.
Section III Basic Principles of the Law on the Openness of Government Information
First, the concept and characteristics of the basic principles of the government information disclosure law
Second, the basic principle system of the government information disclosure law
Section 4 Subject of Rights, Subject of Obligations and Supervisory Organs
First of all, the right theme
Second, the subject of obligation
Three. supervisory organization
Chapter II Government Information
Section 1 Concepts and Standards of Government Information
First, the concept of government information
Two, to determine the comprehensive standard of the scope of government information
Section 2 Classification and Exception Information of Government Information
First, the classification of government information
Second, abnormal information
Chapter III Right to Know
Section 1 The concept, characteristics and nature of the right to know
First, the concept of the right to know
Second, the characteristics of the right to know
Third, the nature of the right to know
Section 2 Establishment and Content of the Right to Know
First, the theoretical basis for the establishment of the right to know
Second, the constitutional and international law foundation of the right to know.
Third, the content of the right to know
Chapter IV Basic Procedures and Relief of Government Information Disclosure
Section 1 Basic Procedures of Government Information Disclosure
I. Voluntary disclosure procedures
II. Procedures for disclosure upon application
Section 2 Supervision and Guarantee Mechanism of Government Information Disclosure
I. Supervisory bodies
Second, the supervision and guarantee system.
Section 3 Information Disclosure of E-government
First, e-government information disclosure and its impact
Two, electronic government information disclosure and electronic administrative procedures
Section 4 Administrative Disputes and Relief
I. Overview of Administrative Disputes and Relief
Second, foreign relief system
Third, China's government information disclosure dispute relief system
Part IV Information Property Law
The first chapter is the concept and classification of information property rights.
Section 1 The concept of information property in the legal sense
First, the concept of UNCITA and information property in the United States.
Two, digital goods, virtual property, electromagnetic records and information property.
Third, the definition of information property rights.
Fourthly, the legal characteristics of information property.
Section 2 Classification of Information Property
I. Information property with material carrier and information property without material carrier
The second is standard information attribute and customized information attribute.
The second chapter is the legal attribute and protection mode of information property.
Section 1 Physical and economic characteristics of information property rights and right object theory
I. Physical and economic characteristics of information property
Second, the right object theory
Section 2 Information Attributes and "Things"
First, things in civil law.
Second, information property is not a thing.
Section 3 Information Property Rights and Intellectual Property Rights
First, the name of the intellectual property object.
Second, the scope of intellectual property rights.
Third, the nature of intellectual property rights.
Fourth, information property rights are not intellectual property rights.
Section IV Current Information Property Protection Mode
I information property and property law
Two. Information property and intellectual property law
Three. Information property and creditor's rights law
Chapter III Information Property Rights
The first section puts forward the concept of information property right.
First, the ownership established by the Russian information basic law.
The second is the information property right established by UCITA in the United States.
Thirdly, the concept of information property right is put forward.
Section 2 Concept, Characteristics and Contents of Information Property Rights
First, the concept of information property
Second, the characteristics of information property rights
Third, the content of information property rights.
Section III Perfection of Property Right System in Continental Law System
First, the property rights system in the civil law system
Second, the differences and connections between information property rights and property rights and intellectual property rights
Chapter IV Concepts and Types of Information Property Rights Transaction
Section 1 Concepts and characteristics of information property right transaction
First, the concept of information property transactions
Second, the characteristics of the concept of information property transactions
Third, the difference between information property rights trading and online intellectual property rights licensing.
Section 2 Online Sales of Information Property
First, the concept of online sales information property rights
Second, the classification of online sales information property
Section 3 Online Service of Information Property Rights
First, the concept of information property online service
Second, the difference between online service and online sales of information property.
Three, the classification of information property online services
Chapter V Legal Nature of Information Property Rights Transaction
Section 1 Overview of the Legal Nature of Information Property Transaction
First, the significance of determining the legal nature of information property transactions
Two. Introduction of "Licensing Theory" of Information Property Right Transaction
Third, the establishment of the legislative thought of UNCITA in the United States.
Fourthly, the mistakes and criticism of the legislative choice of UNCITA in the United States.
Verb (abbreviation of verb) Identification of legal nature of information property right transaction
The second section "Criticism of intellectual property licensing theory"
First, the "right reservation theory" and its criticism
Second, the "right restriction theory" and its criticism
Thirdly, the theory of "copy permission" and its criticism.
Section 3 Legal Nature of Sales of Standard Information Property
I. selling standard information property and selling tangible products
Second, the nature difference between standard information property rights sales and intellectual property rights licensing
Thirdly, the legal nature of selling standard information property.
Section IV Legal Nature of Customization Information Real Estate Sales
First, the existing theory and its criticism
Second, the legal nature of customized information real estate sales analysis
Section 5 Legal Nature of Online Service of Information Property
Firstly, the legal nature of online service of information property rights is defined.
Second, the lease of information property.
Three, the classification of information property online services
Chapter VI Trading Rules of Information Property Rights
Section 1 Completion of Information Property Rights Transaction
I. Overview of the establishment and entry into force of the information property rights transaction contract
Second, the mass market transaction contract
Section 2 Delivery and Electronic Payment of Information Property
I. Delivery of Information Property
Second, accept information property rights.
Third, electronic payment.
Section 3 Supplier's Defects Warranty Liability
I. Liability for warranty of information property defects
Second, the information property defects guarantee responsibility
Section 4 Elimination of Information Property Right Transaction Contract
I. Termination of the information property right transaction contract
Second, the termination of the information property transaction contract
Part V Information Security Law
Chapter I Overview of Information Security
Section 1 Concepts and Characteristics of Information Security
I the concept of information security
Second, the characteristics of the concept of information security
Third, the legal nature and significance of information security
Section II Conceptual Evolution and Institutional Change of Information Security
First, the early concept of information security
Second, the concept of information security in the 1990s
Third, a mature concept of information security.
Section 3 Legal Facts Threatening Information Security
I. Acts that threaten information security
Two. Events that threaten information security
Section IV Information Security Objectives and Protection Mechanism
First, the goal of information security
Two. Overview of information security protection mechanism
Three. Technology and technical facilities
Four. technical condition
Verb (abbreviation of verb) moral norms
Legal norms of intransitive verbs
Chapter II Overview of Information Security Law
Section 1 Concept and Nature of Information Security Law
First, the concept of information security law and the object of adjustment
Second, the nature of information security law
Third, the characteristics of information security law
Fourthly, it is necessary for China to enact information security law.
Section 2 Legislative Mode, Purpose and Purpose of Information Security Law
First, the legislative model of information security law
Second, the fundamental purpose and legislative purpose of information security legislation
Chapter III Overview of Information Crime
Section 1 Concept, Characteristics and Classification of Information Crime
I. Concept of information crime
Second, the characteristics of information crime
Third, the basic classification of information crime
Section II Overview of Global Legislation to Combat Information Crime
First, the United States
Second, Britain
Third, France
Fourth, Germany
Verb (abbreviation of verb) Japan
The intransitive verb Australia
Seven. Argentina
Eight. EU
Section III Current Situation, Deficiencies and Perfection of China's Information Security Legislation
First, the status quo and shortcomings of China's information security legislation
Second, the improvement of China's information security legislation
Chapter IV Crimes against Information Systems
Section 1 Crime of Illegal Intrusion into Information System
First, the concept of the crime of illegal intrusion into information systems
Second, the constitution of the crime of illegally invading computer information system.
Third, identify the subsequent illegal intrusion.
Fourthly, the legislative perfection of the crime of illegally invading computer information system.
Section 2 Crime of Disrupting the Function of Information System
First, the concept of the crime of destroying the function of information system
Two, the composition of the crime of destroying the function of computer information system
Thirdly, the legislative perfection of the crime of destroying computer information system.
Section 3 Crime of Destroying Computer Applications
First, the concept of the crime of destroying computer applications
Second, the composition of the crime of destroying computer applications
Third, the penalty for the crime of destroying computer applications is applicable.
Four, the crime of destroying computer applications and the crime of destroying the function of computer information system.
Section 4 Crimes of Endangering Information System Security
First, the concept of the crime of violating system security
Second, the constitution of the crime of undermining system security.
Third, the penalty setting of the crime of undermining system security.
Section 5 Crime of Making and Disseminating Destructive Procedures
First, make and spread the concept of destructive procedural crime.
Secondly, the constitution of the crime of making and disseminating destructive procedures.
Thirdly, the identification standard and legislative perfection of the crime of making and spreading destructive procedures.
Chapter V Crimes against Information itself
Section 1 Crime of Illegal Interception of Information
Firstly, the concept of the crime of illegally intercepting information.
Second, the constitution of the crime of illegally intercepting information.
Third, the penalty setting of the crime of illegally intercepting information.
Section 2 Crime of Stealing Information and Property
I. Concept of the crime of stealing information and property
Second, the behavior structure: the distinction between purpose behavior and means behavior.
Third, the constitution of the crime of stealing information property.
Section 3 Crime of destroying electronic information
First, an overview of the crime of destroying electronic information
Second, the composition of the crime of destroying electronic information
Third, the penalty for the crime of destroying electronic information is applicable.
Fourthly, the difference between the crime of destroying electronic information and the crime of illegally intercepting information.
Chapter VI Crime of Making and Disseminating Destructive Procedures
Section 1 The concept and composition of the crime of making and disseminating destructive procedures
First, make and spread the concept of destructive procedural crime.
Secondly, the constitution of the crime of making and disseminating destructive procedures.
The second part: the determination standard and legislative perfection of the crime of making and disseminating destructive procedures.
First, the criteria for determining the crime of producing and disseminating destructive procedures.
Secondly, the legislative perfection of the crime of making and disseminating destructive procedures.
Section 4 Crime of fabricating and disseminating false information
First, the concept of the crime of fabricating and spreading false information
Second, the constitution of the crime of fabricating and spreading false information.
Third, the result of the behavior is to seriously disrupt social public order.
Fourthly, the penalty setting of the crime of fabricating and spreading false information.
The seventh chapter expands the order of reprinting copyright on the Internet.
In order to implement the Guiding Opinions on Promoting the Integration and Development of Traditional Media and Emerging Media issued by the General Offices of the General Office of the Central Committee of the CPC and the State Council, encourage newspapers and Internet media to operate in good faith, promote the establishment and improvement of copyright cooperation mechanism, and regulate the order of Internet copyright reprinting, according to the Copyright Law of People's Republic of China (PRC), the Regulations for the Implementation of People's Republic of China (PRC) Copyright Law and the Regulations for the Protection of Information Network Communication Rights.
1. Online media reprinting other people's works shall abide by the relevant provisions of copyright laws and regulations, and must obtain permission from the copyright owner and pay remuneration, and indicate the name of the author, the name of the work and the source of the work. Except as otherwise provided by laws and regulations.
Reprinting other people's works by online media in accordance with the provisions of the preceding paragraph shall not infringe upon other rights and interests enjoyed by copyright owners according to law.
Second, the reprinting of published works between newspapers and periodicals is governed by the provisions of the second paragraph of Article 33 of the Copyright Law, that is, after the publication of the works, other newspapers and periodicals may reprint or publish them as abstracts or materials, except that the copyright owner declares that they are not allowed to reprint or extract them, but they shall pay remuneration to the copyright owner in accordance with the regulations.
The provisions of the preceding paragraph shall not apply to the reprinting of published works between newspapers, online media and online media, but shall be approved by the copyright owner and paid remuneration.
3. Online media reprints other people's works, and may not substantially modify the contents of the works; Any text modification or abridgement of the title and content shall not distort or tamper with the original intention of the title and work.
"Current affairs news" as mentioned in Article 5 of the Copyright Law refers to simple factual news reported through newspapers, periodicals, radio stations, television stations and other media, and is not protected by the Copyright Law. News, newsletters, features, reports and other works containing original works of copyright owners are not pure factual news. Reprinting online media must obtain permission from the copyright owner and pay remuneration.
5. A newspaper unit may enter into a licensing contract with the copyright owner for works obtained by contract or contribution, and clearly stipulate the types of licensed rights, whether the licensed rights are exclusive or non-exclusive, the geographical scope and duration of licensed use, payment standards and methods, liability for breach of contract and other contents that both parties think need to be agreed. If both parties agree that the publishing house shall exercise its rights, the online media shall obtain the permission of the publishing house and pay remuneration for reprinting the works.
Six, the newspaper unit can agree with the employees through the contract that the copyright ownership of the works created by the employees to complete the tasks of the newspaper unit. If the copyright stipulated in the contract is enjoyed by the newspaper unit, the newspaper unit may clarify the ownership relationship of the works published by the newspaper unit by issuing a copyright statement. Online media reprinting such works should obtain permission from newspaper units and pay remuneration.
Seven, newspapers and online media should establish and improve the copyright management system. Establish a database of works that the unit and its employees enjoy copyright, and clarify the ownership information of works. For the works licensed to others, the relevant information such as authorization method and authorization period should be made clear. Establish a database of other people's works authorization, indicating the source of rights, authorization methods, authorization period and other related information.
Eight, newspapers and periodicals units and Internet media, Internet media should establish a copyright cooperation mechanism for online reprinting by signing a copyright license agreement, strengthen the copyright review of reprinted works, explore a reasonable authorized price system, and further improve the authorized trading mechanism for works.
Nine, the copyright administrative departments at all levels should strengthen the copyright supervision of Internet media, support industry organizations to play an active role in promoting copyright protection, copyright trading, industry self-discipline and rights protection, and severely crack down on infringement and piracy of unauthorized reprinting and illegal dissemination of other people's works.