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Author	Prof Sun Yuhua
Organisation/Institution	East China University of Political Science and Law
Country	CHINA
Panel	Human Rights
Title	Entanglement, Not Mirror: The Generative Logic and Institutional Boundaries of Digital Human Rights
Abstract	The concept of Digital Human Rights has emerged in recent years as a distinctive theoretical innovation in China. Rooted in the Marxist view of human rights and enriched by traditional philosophies such as minben (people-oriented governance), harmony, and tianxia weigong (the world belongs to all), it establishes a new paradigm for human rights protection in the digital age. This theory interprets “digital humanity” as an extension of social attributes through digital properties and explores institutional mechanisms that integrate technological governance with rights protection. In contrast to Western models that emphasize individualism and a critical, decentralized rights framework, the Chinese approach highlights a holistic governance philosophy. Theoretically, it stresses the dialectical unity between active state engagement and individual autonomy; in practice, it pursues a dynamic balance between technological empowerment and ethical regulation; normatively, it seeks institutional integration through innovative rights frameworks and systemic coherence. Together, these features embody a constructive perspective on human rights development and institutional design. This theory not only enriches the contemporary discourse on human rights but also contributes to global digital governance through the practice of “digital rule of law,” offering a Chinese approach that is both universal and contextually grounded. Its embedded idea of a “community of digital civilization” provides a moral compass for bridging the digital divide and promoting digital justice. The development of digital human rights remains in progress. This study proposes that the relationship between digital and traditional human rights is one of entanglement rather than mirroring—maintaining intrinsic connections while transcending mere extensions of traditional rights. Digital human rights constitute independent legal interests generated by digital technology, embodying the dialectical unity of universality and particularity as well as the Aufhebung (sublation) of contradictions. They exhibit three defining features: network dependency, non-traditional inclusiveness of rights, and cross-dimensional regulatory demands. The degree to which they can be constitutionalized may be evaluated based on four substantive criteria: irreplaceability, systemic externalities, differentiated impact, and programmability.
Biography	Sun Yuhua(b. March 1985) is a Professor at the East China University of Political Science and Law (ECUPL), where he serves as Deputy Director of the China Institute for Rule-of-Law Strategy and Associate Director of the Office of Scientific Research. He completed his Ph.D. in Constitutional Law at ECUPL in 2010, pursued post-doctoral research in political science at Fudan University beginning in 2013, and was a visiting scholar at Columbia University in the United States. Professor Sun’s research interests encompass constitutional law, administrative law, and health law. He has led one project funded by the National Social Science Foundation of China (NSSFC), undertaken a sub-project of a major NSSFC program, and participated in two additional national key research initiatives. His scholarly work has appeared in leading Chinese journals such as Faxue (Law Science) and Politics and Law. He has received multiple academic honors, including the First Prize for Excellent Policy Information awarded by the Chinese Academy of Social Sciences. In addition to his academic roles, Professor Sun concurrently serves as a research fellow at the Shanghai Jiao Tong University School of Medicine and other institutions. His major publications include An Introduction to the Rule of Law in Health Security and Constitutional Control of Investigative Power. He has also contributed as an expert to the legislative deliberations of the Biosecurity Law, the Animal Epidemic Prevention Law, and several other national statutes. Sun has played a leading role in the Shanghai Grassroots Rule-of-Law Observation Program, advancing community governance through the “Party Building + Three-Governance Integration” model. He has pioneered legal protection mechanisms for workers in emerging industries and proposed the “dual-recording system” for administrative transparency—an initiative later incorporated into the Shanghai Ordinance on Optimizing the Business Environment. Currently, he heads a sub-project of a major NSSFC program and contributes to the development of ECUPL’s Health Law and Governance Research Platform.