The Legal Discussion Of The "Human Flesh Search"

Since 2001, "Microsoft Yoyo Chen Incident" began, "human flesh search" in China has undergone a rapid development in recent years. As a new search method, "human flesh search" from there it would cause people to focus attention, and a number of network events and the evolution toward the final played an important impact. In highlighting the great power, but also to rise to the point known as Chinese society during this period the focus of controversy.But it is undeniable that the "human flesh search" in the network between virtual space and real life, plays an important role. On the one hand, "human flesh search" the emergence of social networks into a positive public opinion of the gas, reflects the enormous power of grass-roots network. It is hard to break the virtual space and the line between real life, many of the characters or events as detailed in the excavation, investigation and tracking, making about a certain issue, a personal breakthrough in the network discussion to discuss the final range, as all parties concerned about the social events, social events to promote public participation and supervision. However, as a sharp double-edged sword, "human flesh search" There are also many non-standard places, some people in the use of "human flesh search" for public opinion over the excavation while the privacy of the parties to be exposed and their interfere in the normal life of the party, showing a similar incident can not curb the trend. It is based on "human flesh search" invasion of privacy, this paper on the "human flesh search" case of this phenomenon briefly summarized, in particular, its invasion of privacy, in-depth analysis, and finally on its development and improvement made a useful concept. The thesis is divided into four chapters.The first chapter of "human flesh search" to define the basic concepts and characteristics, origin and development process and social effects were briefly introduced. First described the "human flesh search" concept: it is a web community platform, combined with traditional search engines, a collection of general Internet users a way to obtain valuable intelligence information in the search. Then gives a "human flesh search" feature, that compared with traditional search engine has intelligence, a certain blindness and the possibility of infringement. Second, the set of "human flesh search" the origin and development process, that it originated in the Mop in our web network flapping Q & A, in this decade, in our country has gone through five stages of development, with the banter from the initial Entertainment Properties search tool to quickly develop into a code of ethics, public opinion of the weapon, and move towards commercial and professional direction. Lastly, the analysis of the "human flesh search" of the social effect, that its public opinion, providing network information and ease social conflicts such as positive effects.The second chapter discusses the network environment, privacy related issues. First, an overview of privacy-related content. By analyzing the privacy of the subject and content of the two, revealing the meaning of privacy: subject only to natural persons; include private information secret, private life of tranquility, privacy and private space activities of private self-determination. Second, discusses the content network privacy, that right is not a new type, its subject, object and the rights of the content and not because of the emergence of the network qualitative change, in essence, still has a traditional privacy features. Then set the network environment in particular the right to privacy under the new development, pointed out that as the virtual network, anonymity, interactivity, the result compared with the traditional right to privacy presents new features: a broader range of guest privacy; network manifested in the form of data privacy; privacy and the privacy of economic functions show the performance of the property and personal rights and rights in one compound. Finally, briefly described the content network privacy, including the right to information, options, browsing and security updates right to request the right.The third chapter for the "human flesh search engine" and related network privacy conflict situations were detailed in-depth analysis. First of all, of the "human flesh search engine" violations of the privacy of the causes that are contrary to common sense search the event itself, the network users anonymity diluted sense of responsibility, the network media "gatekeeper" role in the weakening and the absence of law and aphasia Abnormalities in the four areas is caused by "human flesh search" large numbers of the main reason. Second, the summary described "human flesh search engine" violations of the privacy features. Including violations of people's extensive, more convenient way of infringement, tort means hardly recognized the difficulties caused by tort liability, against the serious consequences and effects are hard to eliminate. Finally, the analysis of the relevant responsibilities and liabilities of the principal.Chapter IV is the key chapter of this thesis is the end result of this article. Discussion of the previous article, "human flesh search" violations of the privacy causes, characteristics and responsibilities of the principal, the author attempts to put forward some to avoid the loss "human flesh search" appears useful ideas. Is the raising of the law of privacy, especially online privacy protection efforts. By strengthening the protection of privacy legislation, development of specialized network privacy protection laws and development of relevant special law, both in the traditional laws to strengthen privacy protection, there is also emphasis on the network environment, legal regulation of privacy, Through the establishment of strict privacy laws protect the system, to prevent the "human flesh search" violations from occurring. On the other hand, the current regulatory system in China supporting the network of law is not perfect, but new laws and regulations, the development also requires a longer gestation period, coupled with the rapid development of information technology network, the network makes the laws and regulations to standardize the behavior of embarrassment like a long period of time will continue to exist, so the network actors have a positive self-discipline.I believe that through continuous efforts, "human flesh search engine" will play its proper functions, for the construction of harmonious society, fairness and justice in the maintenance, and moral conscience, promote positive role in reconstruction.