BIC judgment documents win national recognition
A fourth list of "100 excellent judgment documents" from courts nationwide was recently released by the Supreme People's Court (SPC).
Two judgment documents from the Beijing Internet Court (BIC), written by the BIC's President Zhang Wen and Judge Sun Mingxi respectively, were on the list.
The award-winning judgment written by Zhang, is about a network service contract dispute between a plaintiff surnamed Wu and iQIYI, a major streaming platform in China. The iQIYI "advance screening on-demand" service contract case in which Zhang was the presiding judge, involves the legitimacy of the new business models pioneered by network service platform operators. The case's judgment has benchmarking significance on how to properly apply the principle of fairness, and has played a demonstration role on the rules of the service platform industry, as well as a leading role in ensuring the healthy development of the internet platform industry. The case was included in the SPC's 2021 work report as one of top 10 noted commercial cases from courts across the country in 2020.
The judgment written by Sun, is about a reading app infringing a reader's personal information rights, and was a typical case on the relationship between personal information and privacy. The case made positive explorations of the use of data when online products are linked and the differences between personal information and privacy, based on accurate understanding of related laws and regulations. The judgment of the case provides reference on how to accurately apply the provisions related to personal information and privacy protection in the Civil Code and other related laws in judicial practice. The case was included into the SPC's 2021 work report, as well as the 2019-2020 national top 10 typical judicial cases on consumer rights protection event hosted by the China Consumers Association.