数字时代的德国民法典及其对世界的影响

    The German Civil Code in the Digital Age and Its Impact on the World

    • 摘要: 数字时代的德国私法领域修法活动频繁,其必要性与合理性有待商榷。电子合同的产生给现有法律体系造成一定冲击,但基本可以在传统法律行为理论框架下进行解释。德国债法领域的多数修法活动来自欧盟指令的国内法转化要求,以数字元素合同法为代表的新规则褒贬不一。欧盟的数据领域立法具有较强的国际辐射效应,但带有地方保护主义色彩,且规则内容的合理性愈发受质疑。同时,立法层面对“以个人数据支付”模式的确认,引发个人数据保护规则与德国私法体系的冲突。自动驾驶技术的发展对现有的道路交通责任体系、保险责任体系、产品责任体系造成冲击,德国法与欧盟法给出初步的应对方案。《中华人民共和国民法典》在数字时代的完善与发展,应采百家之长,也要坚持主体性的根本立场,立足实践,进行制度探索与规则构建。

       

      Abstract: In Germany’s private law sector, legislative amendments have been frequent in the digital age, though their necessity and rationality remain debatable. The emergence of electronic contracts has posed certain challenges to the existing legal system, yet they can largely be interpreted within the traditional framework of legal act theory. Most amendments in German contract law stem from the requirement to transpose EU directives into domestic law, with new rules such as those represented by the Digital Content Contracts Law receiving mixed reviews. EU legislation in the data field exhibits strong international influence, yet it carries elements of regional protectionism, and the rationality of its rules is increasingly questioned. Meanwhile, the legislative recognition of the “payment with personal data” model has triggered conflicts between personal data protection rules and Germany’s private law system. The development of autonomous driving technology has also impacted existing road traffic liability, insurance liability, and product liability frameworks, to which both German and EU law have provided preliminary responses. In refining and developing China’s Civil Code for the digital era, it is essential to draw upon the strengths of diverse systems while adhering to a fundamental stance of subjectivity, grounding efforts in practical needs, and advancing institutional exploration and rule construction.

       

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