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Legal Regulation For "Human-Powered Search" Invading Right Of Privacy

Posted on:2012-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:X P ZhuFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Human-powered search" is originated earliest in in China, as a Chinese characteristic phenomena. It has been stired into our sight for "Abused cats event" in 2006, then people spiralling out, increasingly fierce, In recent years, social influence human-powered search events happen continuously. When people use human-powered search to expose some matters of fact in short time, maintain social moral order and extend to the network outside, broaden the way that people obtain knowledge, its disadvantages also appeared that searching the citizen of personal information are largely involved citizen's privacy.On the network, we can release information, ask for an event commonly and offer effective information. It is one of the advantage of network that accelerate information velocity, shorten time of people obtaining information, be helpful for more wider dissemination of information. Human-powered search is a spontaneous maintenance social justice and moral and legal supervision of public opinion mechanism, and probably evolved into an invasion of privacy violations. This article argues that Human-powered search itself is not illegal. Citizen using it may constitute an infringement. Only if "human-powered search" beyond the law the scope, according with the network tort constituents, it can be relized to violate civil rights. Human-powered search is double-edged sword. When it extens reality justice it also involves to violation rights,even to become network violence. We should use legislation for "human-powered search" behavior and carry on the rational guidance and regulation which made it play supervision by public opinion.It can be uesed to promote the auror role; meanwhile, it can effectively protect the legal rights of man, It foster strengths and circumvent weaknesses and realize the rule of law targets.In our previous laws, to protect right of privacy is placed on the scope of the reputation, and the word "privacy" is not appeared in legal document. When the network environment infringement of privacy act appears, the law is ragged. Newly implementation of the provides a standard. The article 2 in tort law is specified by the civil rights including right of privacy. Meanwhile the article 36 of the law made special regulations.This article is based on lawfully, safely and protection principle and maked a clear distinction network tort limits.According to legal regulation and understanding and explanation network tort liability, It is analyzed "human-powered search" invasion of privacy problems, ensure development of network business, protect the legal rights of citizens, make sanctions network invasion of privacy act.
Keywords/Search Tags:Human-powered search, right of privacy, liability for tort
PDF Full Text Request
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