On The Protection Of Civil Privacy In China From "Human Flesh Search"

Coming along with the infonnation society, especially the Internet era, the network which is named the "fourth media" makes people's freedom of speech more convenient and more widely extended, and becomes the main access to obtain, exchange, publish and disseminate information. Nowadays, a network behavior has aroused widespread concerns-"human flesh search", which is based on the network as a platform and on the Internet users as the sources. It obtains personal information from those people, analyzes this information, and then finds out the exact personal information and confirms it. As a new way to search information, "Human flesh search" has made a great impact on people's privacy; therefore, the protection of privacy has become a legal issue which urgently needs to be addressed.As Beijing Furuilai central and the "Wang fei" have been sued and sentenced, the issue that "human flesh search" infringes people's privacy has come into the judicial process, which turns the "human flesh search" that, is an internet phenomenon into an legal issues. This paper, first of all, defines the concept of privacy and the main content by citing a set of cases, basing the combination of several controversial problems, and using the theory of tort law. Then the principles of "human flesh search" tort liability and the identification of tort liability are assessed. Meanwhile, a profound consideration is made:How can we balance the freedom of speech and the Internet Privacy? What is the relationship between releasing personal information of others and the violations of citizen privacy? At last, the paper puts forward five-point proposals to protect people's privacy in our country, giving the present author's viewpoints and ideas on how to regulate "human flesh search" behavior.There is no doubt that these cases need more consideration, the features of "human flesh search" which is relatively easy to invade people's privacy should be further realized. As for "human flesh search", it should be guided and regulated, operating within the framework of the law, in this case the privacy of citizens can be better protected.