On the afternoon of October 18, 2023, the 14th Big Data and Internet Law Youth Academic Salon was successfully held in the conference room of Legal Big Data and Artificial Intelligence Laboratory, College of Law, Southeast University. The salon was hosted by Associate Researcher Xu Minchuan, and Prof. Wang Lusheng, Director of Social Sciences Division, Associate Prof. Ren Danli, Associate Prof. Yang Jie, Associate Prof. Chen Daoying, Prof. Wang Yuan, Prof. Bi Sheng, Prof. Gong Shanwu, and students from the Judicial Big Data Base participated in this event.
Zhou Yuheng, a doctoral student of the School of Law in 2023, gave a special report on the topic of The 'Usual' Rational Person in Judging the Diligence Duty of Directors, which was aimed at explaining the path of judging the diligence duty of directors. First of all, it explains the specific connotation of company directors' diligence obligation, and there exists a lack of unified rationale basis for the judgment of diligence obligation in our country and the problem that the judge's argumentation is not detailed. It analyzes the existing commercial judgment rules of directors' diligence obligation, specific enumeration and rational person judgment path, and makes clear that the key problem lies in clarifying the boundaries of diligence and non-diligence. Then he further analyzes the normative purpose, scope limitation and behavioral mode of the usual rational person standard of director's duty of diligence judgment. Finally, Zhou Yuheng summarized the shortcomings and reflections on the article.
In the evaluation session, Zhao Yi, a doctoral candidate of Law School 2023, commented on the report, affirmed and agreed with the problem awareness, framework and scheme, and writing of the article, and made personal interpretation of the law on the company's duty of diligence, put forward the reference path of personal standard of diligence, and made comments and suggestions on the choice of paths and specific steps in the article of Zhou Yuheng's classmate.
Sun Yu, a 2022 PhD student of the School of Law, thought that the selected topic fits the background of China's company law reform, and further explained the tension problem in the concept of rational person, and finally proposed the direction of the article's more in-depth discussion; Wang Yang, a 2023 PhD student of the School of Law, commented and suggested the abstract of the article; Ms. Gong Shan to, a 2023 postdoctoral student of the School of Law, commented on the keywords of the article, content, title and other aspects of the article were commented.
In the exchange session, Ms. Wang Yuan from School of Law commented and advised on the title and framework of the article. Ms. Chen Daoying from School of Law suggested the concept of Rational Human Standard. Ms. Ren Danli of the School of Law made suggestions on the title, structure and problem formulation, conclusion, etc., and proposed to add value judgment, horizontal case study, and limit the object of research to specific types of cases in the article. Ms. Yang Jie of the Law School commented on the problem elicitation, writing skills and writing ideas of the article. Mr. Xu Minchuan, a teacher of the Law School, commented on the innovativeness of the article, the use of hermeneutic methods, the structure and content bias of the article, and the line of writing. Mr. Wang Lusheng, a teacher of the Law School, commented and advised on the formulation of the problem, the choice of the title of the article, and the coherence of the research content.
Shen Liaojia, a 2023 master's degree student of the School of Law, reported on the topic of Measurement of Interest and Rule Design of Text and Data Mining Application. Based on the review of existing research, Shen Liaojia pointed out that the current application of text mining may cause various infringements, such as copy right infringement, deduction right infringement, information network dissemination right infringement, etc., while the former has the right of copy right infringement, the former has the right of copy right infringement. The former research has a tendency to amplify the explanation of reasonable citation. From the perspective of society as a whole, text mining can promote the development of scientific and technological progress, and from the perspective of equity of multiple subjects, it should balance the interests of the applicant, the publisher and the copyright owner. Currently, the regulatory approaches to data mining include the licensing model, the restrictive use model, the fair use model, and the copyright exception model. Liaojia Shen argued that for text mining, copyright law can be set aside and the interests can be measured by AI law, cross-methods of copyright law and AI law, or full copyright law.
In the review session, Ms. Gong Shan Yao, a postdoctoral student of the Law School Class of 2023, thought that the topic of text mining is very cutting-edge, and that there are relatively few studies on the combination of this topic and intellectual property law at present. Mr. Gong pointed out that the coherence of the PowerPoint presentation could be further improved, and the innovation of the expression measure of interest could be further considered. Mr. Shen Liaojia's topic could be constructed in terms of legislative theory, but it is not clear enough on the whole. He Luping, a 2023 master's degree student of the School of Law, commented on the title of the article, saying that the application of the title is very broad, which can be further restricted, and the value orientation and path choice can be further clarified. Zhao Yi, a PhD student of Law School class of 2023, thought that the selected topic might be data-oriented and could be further clued to consider discussing text and data mining within the scope of generative artificial intelligence.
In the exchange session, Mr. Bi Sheng of the School of Law pointed out that, firstly, data mining includes text mining, and attention can be paid to differentiate the use. Secondly, it is not possible to judge whether the infringement is infringing just by whether crawlers are used or the data is crawled. Ms. Yang Jie of the School of Law suggested that research on copyright protection of pre-training data could be considered. Ms. Chen Daoying of the School of Law suggested that the path should be refined from the perspective of interpretive theory, and its unique characteristics should be considered if it is combined with generative artificial intelligence. Mr. Xu Minchuan of the Law School pointed out that the research of digital law should raise clear legal issues and avoid saying correct nonsense. In addition, the legal relationship of specific research should be determined, and the legal issue of pre-training data is not recommended to be discussed from the perspective of copyright law, as the legal issue of pre-training data is ultimately a problem of data acquisition and utilization. Mr. Wang Lusheng from the School of Law suggested focusing on analyzing the difference between generative AI compared to traditional deep learning AI, and constructing a data governance model with different strengths based on the characteristics between the training data and output results of generative AI.
At the end of the meeting, Associate Researcher Xu Minchuan summarized the activities of this academic salon. Mr. Xu Minchuan encouraged everyone to record and share their ideas and actively participate in the academic salon. The 14th Academic Salon for Young Academics on Big Data and Internet Law was a complete success in a warm atmosphere of academic discussion.