On November 17, 2022, the Shanghai Jiading District People¡¯s Court (the ¡°Shanghai Jiading Court¡±) held a press conference to release the first batch of model cases of Shanghai Courts Judicial Research and Practice Base (Jiading) on Digital Economy (the ¡°Base¡±). Zhao Yan, member of the Party Leadership Group and director of the Political Department of the Shanghai Jiading Court, presided over the press conference, and Wu Jing, member of the Party Leadership Group and vice president of the Shanghai Jiading Court, gave a rundown of relevant situation.

Most of the model cases were the effective ones handled by the Shanghai Jiading Court over the past two years, along with those recommended by the first strategic cooperative units of the Base, such as Jiangsu Kunshan People¡¯s Court and Jiangsu Taicang People¡¯s Court.

Given the needs of data circulation, the rights and interests of relevant subjects, and the protection of market order, these model cases focused, based on the characteristics of the objects, subjects, and legal relationships involved in the data and the Base¡¯s classification system of cases over digital economy, on four aspects: personal information processing or using the network to infringe other personality rights; the rights and interests of property in data forms and the protection market competition order; the legal obligations of platform operators/data algorithm users and the protection of the rights and interests of relevant subjects; the infringement of the rights and interests of data forms; the use of data technology to commit cyber-crimes and the prevention and control of gray and black industries.

The first ten model cases were selected from 12 candidates after discussion and demonstration by the Base¡¯s first batch of think tank experts from scientific research institutions, relevant functional departments, large platform enterprises, digital transformation ecological enterprises, and judicial systems.

The release aimed to extract the judgment rules and case results that can represent the mainstream opinions of the practical and theoretical circles and also be recognized by the market, thereby boosting the ¡°development of digital justice¡± and the governance of cyberspace.   

 According to the press conference, the Base had been established with the support of the CPC Jiading District Committee and the approval of the Shanghai High People¡¯s Court. With the Shanghai Jiading Court as the pilot unit, it had provided the people¡¯s courts in Shanghai with a research and practice platform that meets the needs of market development and the adjudication rules, and offered strong legal guarantee for the healthy development of the digital economy.

On the basis of trial practice, the Base had jointly built a think tank consortium, and explored supporting mechanisms such as research on cutting-edge issues, resolution of differences in the application of law, sorting out of the adjudication rules of similar cases, development of intelligent auxiliary case handling system, and training of composite talent through practical discussions, project reports, case release, and other forms.

First Batch of Model Cases of Shanghai Courts Judicial Research and Practice Base (Jiading) on Digital Economy