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Discussion About The Moral And Legal Way Of Internet Mass Hunting

Posted on:2012-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShiFull Text:PDF
GTID:2166330332995507Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the popularization of internet and the development of internet technology most of us feel the convenience of it, but also we must face many problems which caused by the internet. the internet mass hunting which attracts more attention and converse is one of it,because it is a challenge and breakthrough to the traditional research way. Beginning with them microsoft product representative Ms Chen ziyao's events has ten years. There are many represent events, such as 2006 copper-beard event, 2007 death-Boke event, 2008 Lin Jiaxiang obscenity case and the racing case in the campus of the Hebei University in 2010 and the event of Qianyunhui. Seen the current the internet mass hunting case that happened in china, it has two sides, moral and anti-moral. Well although the human-powered search will not absolutely equal to the violation of the human right, most of it relates to our everyday life and private rights. So legally speaking, it is a hard problem for us to overcome. Now many of us have a misunderstanding to the internet mass hunting and this makes it meet many difficulties in handling the legal cases. When the internet mass hunting appears in our life, it also attracts more attention from all aspects of the society. And because of its concept, characteristics, order status and regulate manners, it also has more research value and practical significance. The internet mass hunting has two sides, which caused many moral and legal problems. So only can we do deeply rearch and study in this problem, then we can find a way to guide it and rule it.If our law is not perfect, we can complete it though the legal principle. Well if our legal principle and logistics has some questions, our law must have the substantial problem. So it is very important to research it through the legal logistics way. Now in researching of the internet mass hunting, many researchers focuses on listing of the related events, concepts, characteristics and the studying of moral and legal factors, which also includes the research of the order status.We can see that the internet mass hunting from many cases is refers under the general internet friendly participation carries on the search to the specific character or the specific event information, carries on the widespread dissemination with the aid of the computer network, will reveal the unknown information to the publics after the search. This behavior has the spontaneity and the multiple goal characteristics, the participants all are spontaneous organization's participation and the goal has not been diverse; with the interactive characteristic, between the participants carry on the interaction through the network; The similar characteristic, in the search process, the method, the result aspect all is similar; Disseminates the rapid influence widespread, is widespread through the network and other media interaction dissemination rapid influence; Many realistic cases simultaneously showed the internet mass hunting has moral and the counter-moral dual characteristic. According to the Hayek's dual order view theory, from lives the spontaneous order all to have place existence rationality, we cannot deny this kind of order decidedly. From lives the spontaneous order to have to have the intrinsic rule, this intrinsic rule should define. From lives the spontaneous order to be supposed to have one good condition, adroitly guides action according to circumstances, considered that it develops the essential factor. The internet mass hunting belongs to under the Hayek's gram dual order view from to live the spontaneous order, lives the spontaneous order theory according to Hayek that we possible from the morals, the law, the internet mass hunting to participate in the rule which between human's mutual gambling and so on exists beforehand coming the correct guidance and the internet mass hunting rules development. The internet mass hunting took one kind from starting with spontaneous order to carry on for the network activity order provides the model, establishment the internal discipline may provide the beneficial enlightenment and the experience for the network development, one kind is brings honor to moral the powerful method, is effective way which the populace supervise. The moral aspect point of view, the traditional morals are the internet mass hunting moral foundation, the internet mass hunting have moral and the counter-moral dual attributes. The network anonymous and interactive has facilitated the moral demand production, fair, just, rewards virtue and punishes vice and so on the traditional morals to be able to bring honor, simultaneously peeps the selfish desire, the self-psychology satisfies, the retaliation psychology and so on enables the internet mass hunting to have the moral sustain environment. The internet mass hunting causes infringement right of privacy danger; this requests us and governs by the virtuous rules. The moral autonomy is the moral display function vital role, the moral heteronomy is the moral highest principle, strengthens in the internet mass hunting by the virtuous rule net in the network moral education, the strengthened morals automatic and the perfect moral heteronomy. The morals do not repel by the legal form existence heteronomy, only is requests the heteronomy establishment above the rational foundation.Legally governs in the net take the internet mass hunting infringement right of privacy as the example, has elaborated emphatically to use the law to come the standard internet mass hunting behaviors. The internet mass hunting environment, infringement right of privacy differed from with other infringement right of privacy, elaborates in the collection of information behavior, in the information dissemination behavior has encroached upon the right of privacy. Protection have existed to the right of privacy operate independently, the legal chaotic inadequate system; Existing stipulates have the deficient feasibility fuzzily; Surveillance department and insufficiencies and so on profession autonomy flaw. The suggestion gives the right of privacy system in the civil law to establish, in the enhancement judicature practice the feasibility, formulates "Individual Information Protection method", realization right of privacy protection systematization. Except that moral, outside the legal standard guidance, the internet mass hunting may access the net the solid identical system from carrying out, enhances net morals and legal consciousness, the enhancement profession autonomy, the strengthening protects oneself and so on an aspect to come the standard and the guidance for internet mass hunting development.
Keywords/Search Tags:Human-powered search, Autogenous spontaneous order, Internal rules, privacy
PDF Full Text Request
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