| The purpose of normative construction of digital human rights is to transform digital human rights from values to institutional norms and integrate them into the existing legal system. Digital human rights can be divided into four categories of rights, namely digital right to existence, digital right to freedom, digital right to equality, and digital right to remedy, from which a two-level open system can be derived. The construction of the normative form of digital human rights can be based on the interactions among legal concepts, legal rules and legal principles. The judicial application of digital human rights rules requires the use of deductive reasoning and analogous reasoning, while the judicial application of digital human rights principles focuses on clarifying the context of the trade-off and refining the method of the trade-off. In the process of applying digital human rights norms, the least restriction doctrine and the maximum relevance principle should be followed to solve the problem of concurrence of rights. There are three layers of trade-offs in resolving conflicts of rights, i.e., the antecedent judgment based on the identifiability of data, the weighing of interests based on public interest, and the test of reasonableness based on the principle of proportionality. |
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