The Concept of Digital Human Rights and Its Reshaping of Basic Rights  

作　　者：张龑 江烁 QIAN Chuijun(译) ZHANG Yan;JIANG Shuo;QIAN Chuijun(Law School,Renmin University of China;不详)

机构地区：[1]Law School,Renmin University of China [2]不详

出　　处：《The Journal of Human Rights》2023年第5期973-993,共21页人权（英文版）

基　　金：phased result of“Feasibility Demonstration of Basic Legislation on Artificial Intelligence”(Project No.2022K20263);a project of the Bureau of Law-based Cyberspace Governance at the Cyberspace Administration of China。

摘　　要：Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.

关 键 词：digital human rights infinitely extended personalities personalities with transcendency reshaping the basic rights 

分 类 号：D922.16[政治法律—宪法学与行政法学]