The Tort Law Protection Of The Right To Privacy In The Internet

The Tort Law Protection of the Right to Privacy in the InternetPrivacy has been put forward for more than 100 years history, but in our country, the Tort Law of the People's Republic of China protected the right of privacy as a kind of independent personality, which makes the privacy protection to step on to a new stage. Along with the economic and social development, the network technology improvements, privacy has gradually into cyberspace, due to the particularity of the Internet space, the traditional privacy in network in the field have also changed. Network intrusions of privacy sparked one of popular events, Internet network privacy protection has caused the wide attention of scholars. To better understanding of the privacy of network privacy and the basic theory, analysis of network privacy tort particularity, constitutive requirements and tort liability subject. Based on this, the author put it as a theme.This paper has four parts, content as follows:The first part of the particularity of network privacy tort and tort way are discussed in this paper. The first section analyzes the particularity of network privacy tort. Network privacy and traditional privacy different has its particularity. Mainly displays in: first infringement the concealment of the subject; The second tort space through and space virtual; The third network middle service provider special responsibility status; The fourth complexity of infringement on evidence; The fifth tort consequences copy sex and the particularity of the tort relief. The second quarter of network privacy tort analyzed way. Mainly includes: first trespassed others network area; The second illegally stop others information; The third eavesdropping, theft of information on others; The fourth forge, modify others' personal information; The fifth illegally disclosed personal information; Sixth malicious harassment.The second part analyzes the network privacy tort imputation principle and constituents. The first section of the paper, introduced the infringement imputation principle. Separately from the principle of fault liability and no-fault liability principle, fault principle is analyzed as general infringement imputation principle, the principle of no fault of as a special tort imputation principle. The second quarter the infringement of the components of the analysis included four conditions: violations, damages facts, causal relationships and the fault.The third part of tort liability law, the network tort liability is discussed, and the existing problems are discussed. The first quarter of Internet users assume responsibility includes undertake alone or network service providers of tort liability and network service providers of joint liability two parts. In the second quarter to tort liability law responsibility discusses several problems in the network service provider to network, without review the information released by users by the infringer obligation, notify the network service providers should take the necessary steps to set up necessary threshold, network service provider assume joint liability of nature.The fourth part is to present situation of Internet privacy tort and legislation to protect analysis and puts forward several Suggestions on improving legislative proposals. The first quarter introduces the legislative situation and legislative defects. The second quarter network tort in China is put forward the improvement of the legislation idea. Including construct network tort legislation system, make up China's network tort the blank, establishing the legislation to promote the legal basis for network autonomy.