Research On The Civil Law Protection Of The Personal Information

Nowadays China is making great strides forward to the information society. The social informationization promotes economic development and social modernization. At the same time, the violations of personal information are more and more serious. China's existing legal framework is already unable to provide adequate protection for personal information, and specific legislation protecting is required. Therefore, China must accelerate the pace of legislation for personal information protection, to build and perfect a modern personal information protection system.This thesis discusses the basic concept of personal information, the basic theory of personal information protection, and carries on comparative law studies to the overseas personal information protection mode from the angle of Civil law. Based on the comparative research and social and legal tradition of China, the thesis puts forward some views and legislative suggestions to the construction of China's personal information protection system. There are three parts in this thesis:Part I: An overview of personal information. This part mainly analysis the definition of personal information. By comparing the concepts of personal information, personal privacy, personal data, privacy, intellectual property, and so on, the thesis further determines the connotation and extension of the concept of personal information.Part II: Analysis of the theoretical basis for protection of personal information. This section focuses on the nature of personal information through the academic summarization and comparison of different points of view. The author thinks that the personal information has the nature of general personality right, but the existing concrete personality right can not cover the content of the personal information. Through empirical analysis, the thesis suggests that the personal information not only has the nature of general personality right, but also has the nature of property right.Part III: The legislative Suggestions to the Civil Law protection of personal information. By a comparative study on the world's three major legislation mode concerning on the personal information protection, the thesis carries on a diagnosis inspection to our country's present personal information protection legislation status. Then, the author puts forward the legislative suggestions to the Civil Law protection of personal information in China. First, strengthen the special legislation of the personal information protection; Second, to establish China's own personal information protection system; Third, some special domain of personal information must be legislated specially; Fourth, the civil law protection and administration, criminal law protection coordination.