In the digital era, the creation methods and communication channels of secondary creation are increasingly rich, which has also caused more and more infringement disputes in judicial practice. Cases involving secondary creation infringement lack a unified infringement identification standard and regulation path. Based on Article 13 of The Copyright Law of The People's Republic of China (amended in 2020), this paper classifies the secondary creation into derivative, reconstruction, and reference types to identify its possible infringement risks and regulatory methods, and analyzes the core differences of the three types of secondary creation with the help of the transformative use standard. The research suggests that the derivative type of second innovation should avoid infringement through legal permission, the reconstruction type of second innovation infringement regulation should take the fair use system as the core, and the reference type of second innovation should judge whether it constitutes substantial similarity through the "dichotomy of thought and expression".

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The 2021 Opinions of the Supreme People's Court on Launching the Pilot Program of Recognition of and Assistance to Bankruptcy Proceedings in the Hong Kong Special Administrative Region (Pilot Program) introduced the Center of Main Interests (COMI) as the jurisdictional standard for recognizing Hong Kong SAR bankruptcy proceedings. However, real estate companies, typified by Evergrande, generally adopt a structure characterized by offshore registration, Hong Kong SAR listing, and mainland assets, which poses challenges for determining COMI. Taking the Evergrande case as a starting point, this article systematically analyzes the three-fold dilemma in determining COMI for real estate enterprises: the hollowing out of the presumption of place of incorporation, disputes over the application of the six-month existence requirement, and jurisdictional conflicts in parallel proceedings. Based on this analysis, the article proposes localized adaptation pathways from both legislative refinement and judicial discretion perspectives: the presumption of place of incorporation should incorporate a third-party recognizability standard and clarify the burden of proof; the six-month existence period should balance form and substance while taking industry characteristics into account; and parallel proceedings should adopt a coordination mechanism between primary and secondary proceedings to establish routine judicial communication. This paper advocates embedding considerations of the unique characteristics of real estate enterprises into procedural rules to achieve an effective balance between cross-border insolvency cooperation and the protection of domestic interests.

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The deep synthesis, replacement, and generation capabilities of artificial intelligence technology have fundamentally impacted traditional portrait recognizability standards centered on facial features. The existing "comprehensive judgment method" relies excessively on judicial discretion, lacking objectivity and stability, which often leads to inconsistent rulings in similar cases. Accordingly, a "dualistic" identifiability standard based on popularity should be established: for celebrity portraits, the "general public" standard should be adopted; for ordinary individuals, the "familiar person" standard should apply, with differentiated requirements for the degree of recognition certainty. Furthermore, several innovative dimensions should be introduced to form a multi-dimensional judgment system. These include a dynamic spectral model that treats popularity as a continuous spectrum, a graded approach to recognition certainty with three levels of confidence, consideration of the degree of AI technology intervention as a moderating variable, scenario-based judgment incorporating factors such as purpose of use, scope of dissemination, and accompanying textual cues, and integration with a "dual-track recognition" framework for personal information protection that distinguishes between human visual recognition and machine-readable identification. This comprehensive system aims to achieve a dynamic balance between the protection of personality rights and technological innovation.

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In the digital economy era, cross-border data flow emerged as a core driver of global economic development, while also posing profound governance challenges including threats to personal privacy rights and national data sovereignty security. No unified, universally accepted global governance system for cross-border data flows has yet been established. This study systematically clarifies the core differences in the governance models of the European Union (EU), the United States (US), and China: the EU has built a human rights-based, rule-export-oriented system featuring "strictness externally and looseness internally"; the US promotes a market-driven hegemonic framework of "lenient entry and strict exit"; and China coordinates security and development, forming a classified balanced mechanism for "secure flow". This paper analyzes the underlying logic behind these differences, providing a reference for China to improve relevant systems and enhance its voice in global digital governance, while noting that further research expansion is needed in the dimensions of corporate compliance and emerging scenarios.

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