Research on the Administrative Legalization of Property Rights of Social Network Accounts in Civil Law
DOI:
https://doi.org/10.62051/ijsspa.v4n1.34Keywords:
Civil Law, Autonomy of Will, Civil Law Administrative Legalization, Principle of ProportionalityAbstract
The core of the civil field is the principle of autonomy of will, and freedom is the soul of the civil field. Number rights "are essentially a civil legal relationship between users and equal entities of the company. The logic behind the viewpoint of the "number right" rule is to introduce too many mandatory norms into the logical system of civil law. With the development of society, in order to achieve the goal of diverse values, more and more phenomena of "civil law bureaucratization" are emerging. Excessive occurrences of similar phenomena can lead to excessive coercion, which not only fails to truly achieve legislative goals, but also undermines the inherent logical system of civil law. This article conducts a logical analysis from two aspects: the effectiveness of legal acts and the principle of proportionality. It is believed that the active "intervention" of the state should be limited to the scope of urgent danger to social legal interests. Legislators should not underestimate the regulatory power of civil law on equal subjects, and the normative logic of civil law still needs to focus on autonomy of will.
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[1] Chen Chun: "On the Differences between Unilateral Legal Acts, Contracts, and Resolutions - From the Perspective of Autonomy of Will", published in Global Legal Review, Issue 1, 2010, page 12.
[2] Xu Weidong: "On the Reasonable Limitations of Commercial Law on the Autonomy of Conduct", published in the Chinese Commercial Law Yearbook in 2001.
[3] Zheng Xiaojian: "Application and Development of the Principle of Proportionality in Civil Law", published in China Law Journal, Vol. 2, 2016, pp. 143-165.
[4] Xiaohong: "Application of the Principle of Proportionality in Administrative Adjudication", published in the Journal of Shandong University (Philosophy and Social Sciences Edition), Issue 4, 2022, pages 58-68.
[5] Xiang Dingyi: "Research on the Normative System of the Principle of Necessity of Personal Information Processing", published in the 5th issue of Northern Law in 2021, pages 27-37.
[6] Liu Quan: "The concretization of the principle of balance", published in the 2nd issue of "Legal Scholars" in 2017, pages 17-30.
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