| 英文摘要 |
In Germany, the digitization of law affects civil law, criminal law, and public law. Civil law allows the use of electronic form, takes account of contracts in electronic commerce and regulates online marketplaces, among others. Criminal law is responding to digitization by the application of existing criminal law to new types of circumstances and by the enactment of new criminal law norms aiming at the protection of privacy, property, and the integrity of data. Looking at the separate state powers, digitization is beginning to affect the legislative process in Germany (e-legislative process, e-publication of laws, “digital check” for laws). The judiciary is also beginning to be digitized. Apart from the introduction of electronic files, the court communication with citizens is increasingly going digital (“special electronic lawyers’s mailbox”). A current draft law aims to provide for regular online court hearings. The digitized state administration in Germany (e-government) first focused on electronic communication. More recently, attempts have been made to create comprehensive online access to administrative services. The most exciting developments concern the fully automated issuance of administrative acts. In Germany, tax administration takes a pioneering role in this regard. It will be important to use computer technology in a differentiated manner, in particular with regard to the different functions of the separate state powers. |
