Lawmaking Study On Personal Information Protection In China

Personal information protection is the question which produces in the informational process. Along with the development of modern science technology, the massive collections and the use of personal information, the legislation and the theory discussion about personal information protection also already became a hot topic of discussion in the world. This article attempts to do a research about personal information protection in China from following several aspects, in order to cause the people by the time to pay attention to this question.The introduction part, briefly introduces the background of the research, the present situation of the research, the significance of the research and the research technique.The first chapter obtained from the personal information's basic concept, analyzes the personal information basic implication, the legal characteristic as well as the difference from the related concept, and makes a legal explanation to the definition and the nature of personal information power, and considers personal information power as one kind of personality power.The second chapter introduces the present situation of the violation about personal information, makes a summary to the behavior characteristic of the violation about personal information, finally enumerates three kind of typical abuses of authority which are illegal collection personal information, the illegal re-development use and illegal trades of personal information.The third chapter carries on the elaboration about personal information protection's legal matter regarding other national and the area internationally. It introduces the legislation present situation of European Union, American and Japan's personal information protection and makes the evaluation briefly.The fourth chapter is the conception of the legal regime about personal information protection in China. First it introduces the historical development and the present situation about personal information protection in China, and makes the appraisal to the present situation. Based on that, it analyzes the constitution basis and the civil law theory basis of personal information protection in China, then introduces the legislation's necessity and the legislative basic principle of personal information protection in China, and finally elaborates the basic question about the personal information protection in China, such as legislation's suitable main body, the applicable scope and so on.