Research On Tort In Manpower Search

Moral rights in environment of the network are not a new type of legal rights. Only because with the development of internet technology, the drastic changes have taken place in information area, such as its communication speed,range and mode, so in the environment of the network, the content of the Moral rights and ways of infringement have changed accordingly In recent years,'manpower search'developed very fast in network environment, this phenomenon takes on its important status.'manpower search'as a new search way, it can facilitate people to the exchange of Information, at the same time, it also can initiate many negative social problems, the least of which is that it can infringe upon peoples'reputation, privacy and other personal rights. The reason why'manpower search'infringe upon people's rights frequently, because our country is lack of relative legislation and some of persons who surfing on the internet are lack of legal awareness. Therefore, it's necessary to the legal experts take some measures to reverse this situation.The most ideal way to solve this problem is to set up a comprehensive national law which can satisfy the reality needs. Subject of rights,the subjects'rights and obligations and how to take their responsibilities should be clearly determined in this law. This paper will analyze the'manpower search'concept, classification, characteristics and the content of Moral rights in the environment of network. This paper shows how to protect peoples'moral rights.This paper can be divided into three parts:First part, what is'manpower search'. This part will make the foundation for the following part's which will analysis of'manpower search'infringement act. Firstly introduces the concept and characteristics of'manpower search'.'manpower search'as a new search pattern which appears on the internet in the last few years.'manpower search'itself is merely tools; it doesn't mean disobey or follow the law. Infringement act of'manpower search'means that participators violet somebody's rights when they search on the internet.'manpower search'is a network search mode, Its important characteristics are of network,groupment,freedomment and high-level efficiency, because its characteristics, once infringement happens, the consequences are often severe and difficult to prove infringement as well as pursue its legal responsibility. Secondly introduces four typical events of'manpower search'and classifies different types. Confirming that'manpower search'makes positive contribution to anti-corruption and inter-assist among netizens clearing that when we want to know somebody or something by internet, we often infringe upon other person's moral rights. Lastly discussing the necessity and feasibility of legal protect on'manpower search'infringement act. In fact, law can define the'manpower search'infringement act completely. But at present, the legislation of our country in this aspect is not enough perfect to govern it.Second part.'manpower search'infringement act. In this section, firstly introduces the types of'manpower search'infringement act, then discusses the three main types of specific right, including right of reputation,The Right to Privacy,right of portraiture, which on the basis of confirming moral rights is suffered. At present, the behaviors of moral rights is suffered, mainly including: in the way of insulting or slandering to infringe upon the citizens right of reputation; in the way of disclosing to infringe upon the citizens right of privacy. In addition, violations of the search computer system,investigate the privacy of the searcher should be included. If the participators of'manpower search'send someone's photos to the internet without the permission of host, leading to serious consequences, even if they have the non-profit purposes, this behavior should be identified as violation of portrait. Secondly introduces subject types of'manpower search'infringement act, including: who sending the information initially,the participant,Internet Service providers, then discusses this three types how to infringe in details. lastly, introduces features of the'manpower search'infringement act. Mainly consisted of six aspects: the large number of participants; the Internet users vent in non-rational ways and the abuse of freedom of expression on the Internet are the main reasons; in the size, huge impact and strong influence; in character, most of infringement act are moral rights; in the result, it gets a very serious negative effects to the participators in the daily life. Finally, introduces criterion of liability of'manpower search', liability the initial release of information and internet abuser should apply the principle of presumption of fault, and to network service provider should apply the principle of fault liability.Third part. The introduction of Perfection of Legislation and relieve on'manpower search'infringement act. Firstly, listing four mainly relieve types: Cessation of infringement; eliminate ill effects and rehabilitate one's reputation; make an apology; stand the loss. Secondly, giving the legislative proposals from the subject,object and content aspects. In the subject area, network real-name system should be established in order to high efficacy find who do the things disobey the law. In the object area, the scope of reputation,privacy should be defined and the criterion of infringement should be set up according to the characterize of network environment. In content, the persons who infringe other people's rights: should take such obligations: information initially sent to internet should not contain insults, slander and to public the privacy of others. Name,telephone,work unit and family address are cannot be published, although those information are not identified as privacy in the daily life; in content, we should define network users from the network environment and reality environment. In environment of the network, they should comment properly and respect other peoples'reputation and privacy, in the daily life, they should not disturb other peoples'life environment and respect others property. The obligations of service provider should be specific mainly including: The obligations of self-check; the obligations of reasonable treatment upon request; the obligations of assistance.Finally, we should take many measures to solve'manpower search'infringement act. But, this paper, only mainly discuss from the aspect of law, other kinds of measures are not discussed in details. Such as organization self-discipline in network service area and advice of government supervision.