| The Internet of Things enables right holders to urge obligors to perform or to realize the right directly by remotely controlling the connected objects occupied by the obligors, which constitutes the digital private relief. A lot of cases concerning to digital private relief have appeared in Chinese judicial practice, but the academic research that has been carried out on this issue is insufficient. Digital private relief, as a non-violent means of self-relief usually based on the consent of the parties, not only is legitimate but also has legal policy advantages and, therefore, should be recognized and regulated by law. In the property law, the possession protection constitutes the boundary of legality of digital private relief. Different types of digital private relief have different relationships with possession protection. The “locking or retrieval type” constitutes an encroachment, which requires the effective prior consent of the possessor to exclude the protection of possession. The “software locking type” and “cloud service interruption type” do not constitute nuisance of possession. In the contract law, on the one hand, the quality defect rule can limit the effect of remote-control systems, and on the other hand, because of the existence of the contract relationship, the parties have the obligation to avoid remote control. In order to remove this obligation, the controlling party needs to have either a legal basis, namely the right of defense, or a voluntary basis, namely the “digital private relief clause”, the content of which should be strictly regulated in accordance with the concept of due process. |
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