Author(s)

Nanhui Pan ¹

Affiliation(s)

¹ Faculty of Law, Guilin University of Electronic Technology, No.1 Jinji Road, Guilin, China

Corresponding Author

Nanhui Pan

ABSTRACT

Traditional legal systems have established formal equality and universal regulation by constructing collective abstract concepts such as the "abstract legal person" and the "average consumer," forming the cornerstone of modern rule of law. However, personalized algorithms in the platform economy, powered by big data and artificial intelligence, can precisely deconstruct these abstract notions, enabling micro-targeting and differential treatment of each specific, real individual. This "algorithmic deconstruction" leads to the systemic failure of legal rules predicated on uniformity when confronting the differentiated practices of algorithms. Using "big data-enabled price discrimination" (or "big data killing") as a starting point, and drawing on the classic jurisprudential debate between fairness and efficiency, this article analyzes three major dilemmas facing traditional legal presuppositions: the collapse of formal equality, the breakdown of attribution logic, and the failure of regulatory tools. Ultimately, this article argues for a paradigm shift from "formal equality" to "algorithmic justice," proposing the reconstruction of legal authority in the digital age through the introduction of algorithm transparency, reconfigured liability, and the principle of substantive fairness.

KEYWORDS

Abstract Person, Average Consumer, Big Data Price Discrimination, Formal Equality, Algorithmic Justice

CITE THIS PAPER

Nanhui Pan. Crisis and Reconstruction of the "Abstract Person" Presupposition in the Digital Age. Science of Law Journal (2025) Vol. 4: 66-70. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040510.

REFERENCES

[1]  Zhou Wangsheng. On the Value of Legal Order[J]. Jurist, 2003, (05): 33-40.
[2]  Hu Yuhong. On the Construction of the "Legal Person" [J]. Chinese Legal Science, 2006, (05): 31-46.
[3]  Qiang Shigong. Fairness and Efficiency from the Perspective of Jurisprudence[J]. Chinese Legal Science,1994, (04): 45-53.
[4]  Hu Yuhong. The Concept of Legal Subject and Its Characteristics[J]. Chinese Journal of Law, 2008, (03): 3-18.
[5]  Hu Liwen. The Modern Turn in the Legal Governance of Economic Power in the Digital Age[J]. SJTU Law Review, 2024,(04): 130-145.
[6]  Zhang Linghan. The Rise, alienation, and Legal Regulation of Algorithmic Power[J]. Studies in Law and Business, 2019,36(04): 63-75.
[7]  Ma Zhiguo, Zhan Ni. Legal Regulation of Private Power of Super Platforms in the Context of Digital Society[J]. Journal of Beijing University of Technology (Social Sciences Edition), 2023, 23(02): 115-131.
[8]  Yao Yang. Pareto Improvement as a Principle of Distributive Justice[J]. Academic Monthly, 2016, 48(10): 44-54.
[9]  Yuan Ruijing. Reshaping the Standards of Interest Measurement in Adjudicating Unfair Competition Involving Data Scraping—Starting from Personal Data Rights and Interests[J]. Legal Method, 2024, 46(01): 438-455.
[10]  Xu Zulin. Debates and Analysis on the Principles of Liability Fixation in Tort Law[J]. Law Science (Journal of Northwest University of Political Science and Law), 2007,(06): 84-94.
[11]  Tan Xiao, Pan Jianing. Consumer Law Regulation of "Big Data Price Discrimination"[J]. Forum of Rule of Law, 2022,(04): 19-36.
[12]  Wang Yuan. Legal Regulation of Personalized Pricing Algorithms in the Intelligent Era[J]. Journal of National Prosecutors College, 2025, 33(03): 73-86.
[13]  Su Yu. Technological Due Process in the Digital Age: Theoretical Examination and Institutional Construction[J]. Chinese Journal of Law, 2023, 45(01): 91-107.
[14]  Li Dan. On Determining Tort Liability for Algorithmic Discrimination Against Consumers—An Empirical Study Based on Judicial Decisions[J]. Contemporary Law Review, 2023,37(06):75-85.

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting