Open philosophical concept of civil law. Try a solution of Citrus medica techniques to bring the impact of modern technology, anatomy of the two: the developer's on the user and the user's on the user, extracted from the micro level of modern technology on the impact of civil law, under the impact of the different forms were analogical thinking, and clearly the relevant measures. But the solution to the problem will eventually fall into the cases of judges to follow the legal interpretation.
After four decades on behalf of the twentieth century, human society has entered the microelectronics technology as the leading high-tech stage of development. Of modern technology to biotechnology, network, Information representative of elements of the social life of the people to form a broad and profound impact. As described by Mr. Wang Zejian: 'This is a peril and damage to society. Mine explosion, the workers suffering from occupational diseases; of daily car accidents, air crashes, pouring in; emissions harm human beings and animals, oil spills polluted farmland; a defective goods flooding the market; medical misdiagnosis or improper medication. In addition to this and other industrial disasters, traffic accidents, pollution and product defects, medical malpractice, other Zhaozhi the subject matter of the damage, but also forms and styles, such as the destruction of the reputation, one glimpse of privacy, theft of trade secrets of others, smuggling of pork and so the introduction of foot and mouth disease. There are ancient hazardous accidents, today is strong, mainly due to the Department of rapid socio-Economic development, science and technology developed, densely populated cities, living competition, the lack of government policy planning, and implementation of laws such as poor. '[1] (p1) public as members of society, on the one hand enjoy the convenience of modern technology to bring the material, in this modern technology just as the same as the benefit of mankind Puluo Mi Hughes; the other hand, technological Development made it increasingly dependent on outside material and information, man's own face in science and technology more and more insignificant. In the process of transforming the world of modern technology in the past can not develop the resources and can not be a large-scale effective development of resources is not only an unprecedented development, and development to compete looting, destruction of the natural environment, the extent of damage to the human right to life. Not only in the nature of the transformation of human existence, modern science and technology is also deepening a direct impact on the rights of persons as members of the public. Advanced technology makes the private sector be spread abuse of the privacy of private intellectual achievements easily be stolen, and even private possession of body parts may be used for trading. Modern science and technology itself is uncertain social effects, its impact on civil society, if not promptly respond to individuals in society will be a result of the use of technology and for power, the magic of science and technology itself may be able to play vividly, the effect might be a grave disaster.
1, the modern concept of science and technology to China and France to amend
Of modern science and technology itself, can be used for a number of interpretations: First, modern science and technology, is a monopoly in the capital stages on the basis of the full development of robust growth. High-tech is a sign of modern technology. High-tech R & D Investment from the Capital stage, the consequences are uncertain, and investors into the market although the uncertain effects of a positive response, but are unsure of the fate of the development of R & D results, he has to bear the risk of developing a huge failure. Call a huge Investment Risk huge capital support. Secondly, the enormous production of modern science and technology into force, will impact the existing social order. Traditions related industries wither thus a large number of workers lose their jobs. Over-development of modern science and technology capabilities, will sacrifice a certain degree of environmental or other biological species interests, and investors are unwilling to predict the development of negative consequences, such negative consequences has been passed on to all members of society. The development of technology will be derived from deformity contradiction between supply and demand, for example the Human Organ Transplant and technological progress makes the huge market demand for human organs, supply-side weakness in the market prompted the black market prosperity, and wanton criminal elements to seize the living organ theft. Able to accept an organ transplant groups, groups of mostly strong. This may be a new powerful group of vulnerable groups, an indirect denial of the right to life. Finally, the technical shortcomings of modern technology itself, the consequences are serious. More and more people rely on technology, science and technology content of less and less understood, once the operation of technology products is an aberration, people will become extremely fragile; Once the harmful consequences against the person, the individual price will be high to compensate for free in order to equal ( Perhaps nature is a non-market-oriented extent which rendered non-relative's equivalent). Modern science and technology investors even knowing that the case of product defect exists, compare the cost of transformation of defects and damage compensation for the cost of defective modification opt for a great profit. [1]
Modern science and technology in the external capital and the erosion of joint efforts of the endogenous defects in collision with the existing social order, manifested in the civil legal relations, as follows:
1. The right to become the main tool. China and France for the civil society of the law. In the civil society, human activities as a private. Members of the public is private, he has someone else as a tool to incorporate themselves reduced to tools. In the civil society, the rights of individuals to pursue vigorously, until the right to Experience the power of the regulation. Modern technology has created a strong group of natural habit, this is a great challenge to the rights of the general public. A small number of master modern science and technology advantages of the legitimate use of technology, or the criminal misuse of technological advantage, the general public might become a technology tool or a target.
2. The amount of capital input is to grab the object of the protection of the rights of the right to vote or not. Of modern science and technology Research and development cycle is long, large capital investment, income high-risk because of this, only those economic strength of a society or country can become a powerful real access to the development of modern scientific and technological achievements access to qualifications. These economic entities and their spokesmen in the legislative process, he also has the absolute right to speak, they shift the risk of developing the same time, the expectations of the development benefits are positive seizure, while the benefits grab highlight the surface will now be a legal right to proceeds of. This right of the process, even at the formation of the right to break the existing system. For example, the field of intellectual property law to treat scientific discoveries to World Intellectual Property Organization (WIPO) to develop intellectual property protection agreements are not protection system for the international practice, China's' Patent Law 'also have this clearly defined, but the subsequent' and trade Related Intellectual Property Rights Agreement '(TRIPS) stipulates that failed. The genetic protection issues, the United States led the developed countries that deal with scientific discovery, the objective existence of the gene sequences [2] to be patent protection, which at least the protection of traditional rights to amend the meaning of the object. Labor theory of property rights in this inability to explain, but added the input-output economic theory persuasive. Developers are no longer with the amount of labor income to maintain consistency, no longer with the intellectual input to maintain the ratio because: (1) The labor theory of property rights, intellectual property rights in the interpretation of the legitimacy of the main access to the proceeds held that because the main paid the intellectual labor, so should receive a considerable return. But this can not explain the reasonableness of the amount of income questions. The social contract theory [3] to both sides (developers and users) interests of the game as its premise, to maximize the interests of society as the goal, provided additional explanation. (2) development, due to capital input to output so that it pleased and excited to receive the benefits, as to whether such proceeds are intellectual innovations in the do not ask. (3) The adoption of the law to protect the rights of the developer input output, promote social scientific and technological progress is the bounden duty legislation is a positive social investment, the protection of modern science and technology.
3. The content of civil legal relationships behind the distribution of benefits derived from the rights-based theory of the amendment. This competing interests, if the standard model of adjustment in accordance with the past, only to maintain civil law in the form of equity, but will ignore the law properly, resulting in substantial injustice. Mr. Liang Huixing features of modern civil law summarized as follows: for the modern market economy activities, codes of conduct; to provide basic protection for human rights; safeguard social fairness and justice; the promotion of democracy; promoting socialist material civilization and spiritual civilization. [2] (p38-39) the benefits of modern science and technology division, making the old balance the interests of mechanisms have been destroyed, the traditional rights-based concept of community-based concept has been revised and has a richer meaning: the rights-based does not mean that individual-based , rights-based pursuit of substantive justice, emphasizing basic human rights protection. The balance of interests is the ultimate goal of private law, rights-based tradition of civil law as a value orientation that, under the conditions of modern technology and the socialization of private law has not changed this goal, it should be said that the balance of interests has always been the development of the theory of civil law context; only Under the impact of modern technology, the old equilibrium model is broken, lawmakers began to rethink their personal interests and personal interests, personal interests and social interests of the whole interests of the system. Modern science and technology brought about by the distribution of the whole trend of social benefits is to be measured beyond the traditional civil law, in this, the social public interests of the whole civil order, the role played by more and more important. With the development of modern science and technology of civil society 'there is an inherent requirement to make equity and justice to overcome those forms of fair framework, which provides a driving force, from a methodological and systemic changes in the content of the traditional private law, there has been an absolute right of ownership , the restrictions on freedom of contract, thus the private law-based rights-based to community-based from the gradual shift. '[3] (p8) The so-called community-based legislation, its concentrated expression is:' First, restrictions on freedom of contract: the conclusion of the contract to the supervision of public law, focusing on protection of the economically weak. Second, the absolute principle of ownership restrictions, such as the Weimar Constitution, the ownership obligations. National law stipulates that the prohibition of abuse of rights. The exercise of ownership should also abide by the principles of honesty and credibility. Third, the no-fault liability principle is adopted: The law stipulates that, for high-risk, product liability, pollution liability, etc. to implement the principle of liability without fault. '[2] (p47-48) modern science and technology led to the development of social background of the traditional civil law changes, followed the provisions of civil law and civil law of the theory also changed. Such changes, common to quote those who are: '1. The principle of freedom of contract amendments, including whether or not freedom of contract, the contracting object freedom means freedom of contract, contractual restrictions on the content of freedom. 2. Absolute principle of ownership of the amendment, including the use, income, restrictions on disposition of the Almighty. 3. The amendment to the principle of inheritance, that is fixed by the limit of the number or restrict the inheritance taxes levied on the inheritance. However, the amount of a limit, Taiwan China and France did not use. 4. The amendment to the principle of fault liability, that liability through the dangerous part of the design to the exclusion of negligence applied to it. '[4] (p12-13)
Of the above discussion can be summarized as follows: First, modern technology on social life, the allocation of resources has created new interest dispute. Second, China and France-based ideas from the rights-based to a rights-based concept-based, taking into account the concept of community-based change; and has increasingly gained the majority of scholars and legislative recognition. [4] Third, the balance of interests call for real justice mechanisms.
Of modern science and technology to transform the concept of civil law is based on the impact of specific system based on, the concept of transformation has a specific system to better promote the design and innovation. Since the concept of flourishing community of legislation, the people of this thinking has also been deepened continuously. Some scholars therefore considered that: 'China and France is the people-the law'. Generated from the entire history of the development of civil law and all the system design perspective, China and France to implement and embody a people-centered purpose. Everything from respect for the people, caring people, the protection of human departure for human survival and development to create the necessary material and spiritual conditions, to provide and improve the living environment. [5] (p8) people-oriented 17 to 19 century, is no longer the kind of competitive individualism and liberalism as the basis of the emphasis on personal interests, but also not to deny the rights of private law-based concepts, but rather to restrict it and additions. 'That is the socialization of private law from the legal norms to see the surface is personal property and freedom, restriction of the right, but from the continuity of civil rights laws in the history of ideas to see, so far, private community-based thinking in order to better achieve the purpose of people's property rights and freedom. '[6] (p135) is a people-oriented perspective of standing on the rights of all citizens to take law enforcement, private law to guide the legislative, judicial, law enforcement measures to protect the rights of the people thought possible. When the negative aspects of modern science and technology seriously jeopardize the quality of the living environment of the public, the private members of the public should be given the right environment for its mention in tort to provide a legal basis. When the bio-medical technology developed to clone biological, transplantation of human organs, develop new plant varieties, the right to give what kind of new subjects of rights protection, in order to reconcile competing interests, private law should be a positive response. When the new network technology to bring the contract entered into force and change.
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