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Highlights of draft rules on Civil Code's basic principles(3)

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2016-06-28 16:15chinadaily.com.cn Editor: Xu Shanshan
Yu Minhong, chairman of New Oriental Education & Technology Group, endorses the interactive O2O program using big data technology to help Chinese students prepare for IELTS tests. (Photo / chinadaily.com.cn)

Yu Minhong, chairman of New Oriental Education & Technology Group, endorses the interactive O2O program using big data technology to help Chinese students prepare for IELTS tests. (Photo / chinadaily.com.cn)

6. Virtual property and data to be protected

In an information society, big data has been changing our lives. It is important and urgent to determine the ownership and protection on the data and virtual property, such as QQ coins and other properties in online games.

Draft: Civil subjects enjoy intellectual property rights under the law. The draft lists nine objects, including works, patents, trademarks and data.

Interpretation: It has significant meaning to stipulate the protection on virtual property and data in the draft rules, which reflects the characteristics of the times and will lead the change of civil laws across the globe, said Yang Lixin, a law professor at the Renmin University of China.

7. Interests of Good Samaritans to be protected

In recent years, there are many cases of good Samaritans being involved in disputes. When the good Samaritans are injured or their interests are hurt, who should shoulder the responsibility? Should the beneficiaries offer compensations?

Draft: If one person suffers damages in protecting the civil rights and interests of others, the infringers should take reasonability and the beneficiaries can offer some compensation properly. If there are no infringers, the infringers escaped or infringers are incapable of shouldering the responsibility, and the victims demand compensation, the beneficiaries should offer some compensation.

Interpretation: When good Samaritans suffer damages, the infringers take the responsibility and the beneficiaries should offer compensation if there are no infringers. It reflects the legal principle in taking emergency actions.

Sun Xianzhong, a law researcher with the Chinese Academy of Social Sciences, said the law offered good Samaritans the right to claim in the disputes.

Yin Tian, law professor of Peking University, said it was from the moral perspective for the draft to encourage the beneficiaries to offer some compensation.

  

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