数字弱势群体权利立法保护问题研究

The "digitally vulnerable group" refers to those who are disadvantaged in accessing digital resources, enjoying digital dividends, and safeguarding legal rights due to multiple factors such as economic poverty, limited capabilities, the rapid development of digital technology, unbalanced information dissemination, and inherent disadvantages of the digital economy in the digital era. Their characteristics are reflected in the broad scope of the subject, the uniqueness of judgment criteria, and the vulnerability of their rights. The protection of the rights of the digitally vulnerable group is an objective necessity for protecting personal dignity and satisfying the free development of individuals. It is an important part of building a country with digital rule of law, a specific requirement for achieving social fairness and justice, and is closely related to everyone's digital existence. With the continuous advancement of the socialization of digital technology, "difficult to understand and difficult to accept" has become the most direct understanding of the intelligent society among the digitally vulnerable groups. Although digital technology has brought great convenience to human life, it has also triggered many social contradictions and conflicts. China's relevant laws have made certain revisions and adjustments. However, in terms of legislative protection, there are still some dilemmas: some rules need to be further improved, and the content of rights, as well as the subjects and their content of the obligation to protect rights, need to be further clarified. The reasons for this are the lagging speed of legal updates to digital technology as digital technology continues to penetrate modern society; the limitations of the dispersed legislative protection model in terms of its breadth of application and protection strategies; and the lack of awareness among various social sectors of their responsibility to protect the digitally vulnerable group, making it difficult to effectively address this particular issue. It is important to emphasize that the digital transformation is revolutionizing the world, and the protection of the rights of the digitally vulnerable group is a common problem faced by other countries as well. The European Union has adopted a unified legislative protection model in this regard, while the United States has adopted a decentralized legislative protection model. China can learn from the practical experience of developed countries in Europe and the United States and, combined with its specific situation, build a more comprehensive rights protection system for the legislative protection of the rights of the digitally vulnerable group. Specifically, first, in terms of the legislative model: a combination of unified and decentralized legislative models should be implemented. Unified legislation should provide a unified legal basis for the protection of the rights of the digitally vulnerable group, and further improve relevant provisions in individual laws to ensure that the rights of the digitally vulnerable group are fully realized. Second, in terms of legislative content: firstly, establish a framework of "inform-consent-veto" centered on preventing harm to rights; secondly, improve the rule system for protecting the rights of the digitally vulnerable group; thirdly, clarify the subjects and their content of the obligation to protect the rights of the digitally vulnerable group to ensure that they can realize their rights in the digital era.