The Study On The Violation Of Moral Rights On The Internet-in The "Human Flesh Search" Case

With the rapid development of Internet technology and the proliferation of networks, there is a kind of Behavior which relying on the internet,the users ask questions purpose on Searching other people's privacy information, and take advantage of other users' manual screening for the Valid information, then back to the question by. This behavior was vividly called "human flesh search"．"human flesh search" was long-time drifted from the edge of the law, sometime it can supervise effectively, and sometime it infract people's right seriously, but for sure,the "human flesh search" still belongs to the category of the private law, there is no need for the crime law to involve；the right which is violated concluding the privacy, portrait of the right, but not the right of reputation.Except the study of the basic theory, we must concentrate on two things, which is the protect of the victims by the tort liability law, and prevent the happens of tort in system. For the found of the "human flesh search" tort ,we must insist on the principle of fault liability; the isp have obligations to take measures to remove ,shied, broken links, save, report, and testify. If the isp violate these obligations, it may take joint and several liability; For the compensation of the victims, we should apply to the compensation for moral damage, and the apology for added. There is overseas experience for restricting the "human flesh search" tort ,which is the internet real-name system in the korean,but this system may limit the people's freedom of speech, so it is not useable,especially there is a strong need for the public supervise in our country now, and there is no special law in domestic,several local law and regulations all simply take measure as fine,stop operation and so on,have not formed a system,so for the "human flesh search"tort,we suggest revise the internet real-name system of korean,implement the apply for use in real-name system．This system is based on the distribute of the obligations between the users isp and the government．the users needs to read and comply with the agreement for using the "human flesh search", and provide the true identity to the isp；the isp needs to keep a secret for the users' identity,and check the content is legal or not before it is released,and when there is tort dispute happens, the isp have to delete the illegal content in time,save the evidence report and testify for the victims；the government have to verify the isp's qualification then give them the right to manage the "human flesh search" business, strengthen the supervise on the internet market,strictly punish the illegal operation．the users isp and government all do their jobs to limit the tort happen,take the supervise advantages of the "human flesh search" and make it operate on the legal road.