The Coordination Of Human Flesh Search And Protection Of Privacy Right

Human flesh search is the production of high-tech development, starting from it's appearance ,There is controversy in the theoretical circles. A view that reflects the human flesh search of democracy, freedom, equality, human rights, justice, legal value, is the people involved in state management, the performance of the exercise of the right of public opinion is the right of citizens to freedom of expression as an expression. Another view is human flesh searches easily develop into networks of violence, resulting in a violation of moral rights of citizens, advocates against human flesh search in order to protect the privacy of citizens. Information Search as a way of "human flesh search", is a citizen to exercise freedom of speech and freedom of information important to the performance of "human flesh search" can objectively illegal and violations of ethical behavior deterrent to ban "human flesh search "There unworthy suspected. When the Privacy encounter "human flesh search", the first human flesh search behavior should be clearly characterized by freedom and legal acts on human flesh search restrictions on freedom, can only give "human flesh search" proper legal status and the appropriate institutional framework. Balance the network developed the rule of law infringement and privacy protection practices to address privacy and "Human flesh search engine" to provide a reference for problems of conflict, legislative and judicial interests through the use of measurement, value analysis, application of the principle of proportionality, the value of balance principle, the principle of minimum harm the fundamental rights can be effective coordination of the conflict, so that the different fundamental rights can be adequately protected by law. Therefore, while improving the network involved in invasion of privacy legislation, strengthening the legal protection of privacy of individuals, on the other hand strengthen the management of network operators, from a technical security level to regulate the coordination of human flesh search and privacy protection should the policy.This article by the introduction, the main text and the conclusion three major part is composed, the main text is divided four parts, main as follows:The first part expounds the concept of human flesh search, characteristics, sources and its dual character, it appears one is important people freedom of speech and the performance of public opinion is one of information sharing platform for people's lives facilitated the other hand, as improper use of human flesh search the protection of privacy presented new challenges, due to the lack of legal regulation networks, network operators and users of the network driven by the interests of the lack of moral and other reasons led to violations of human flesh search Privacy is becoming worse.The second part is mainly from the perspective of legal value, legal value by the analysis of the human flesh search leads to the legal value of the legal value of human flesh search there are many, such as democracy, freedom, human rights, equality, justice, etc., in this paper analysis of two human flesh search legal values: democracy and freedom, that is, public opinion of citizens the right to freedom of expression, both important political right of citizens rights and freedoms, and laws and regulations in our country at present on the human flesh search Regulation status, and human flesh search for influence in China compared to Chinese laws and regulations on human flesh search behavior is the lack of regulation of legal problems to be solved in China.The third part of the human flesh search of freedom and privacy protection for a reasonable boundary points, freedom is relative, not absolute freedom of the world, human flesh search behavior as free as free as a relative, should be subject to a certain extent restriction of privacy as a fundamental personal rights of citizens, more and more people's attention, the system should be subject to legal protection. With the development of society and civilization, privacy is continually developing changes in the current network environment, the right to privacy at the subject, scope and nature of both the trend breakThe fourth part through to American and European Union in network right infringement and right of privacy protection aspect situation analysis, when the long pig search and the right of privacy meet have the conflict, in view of our country right of privacy protection's deficient present situation, suggested that our country in profits from the Western advanced countries right of privacy protection and the network right infringement advanced experience, unifies our country's actual situation, makes our country system's right of privacy protection aspect laws and regulations, simultaneously aims at the long pig search the hugeness which affects in our country, but must formulate under the network environment the right of privacy legal rule, as well as makes the legal adjustment to the long pig search. Moreover in the legislation, the judicature may also through the utilization benefit weight method, the value analysis method, be suitable the proportion principle, the value balanced principle, the smallest harm principle and so on to come to be effectively coordinated these two basic rights the conflict, enables these two basic rights to obtain the legal full protection.