A Study On The Terms Of Privacy In China 's Tort Liability Act

With the rapid development of society and the innovation of IT technology, violations of’personal privacy’ has become more and more prevalent intentionally or unintentionally. Such phenomena as exposure of the private lives of public figures, bank depositors’ information leakage, online human search, patients’ privacy violation and etc, has become increasingly the focus problem in society and the legal profession.Right of Privacy is an important right of personality, which belongs to the category of civil rights.Currently countries in the world have attached great importance to the legal protection of privacy, and there are two main ways:The first way is called ’direct protection’, that is to regard privacy as an independent civil rights for protection, in terms of the nature of privacy, responsibility constitute, infringing manner, the scope of compensation and so detailed provisions. The second way is called’indirect protection’, that the law does not recognize that privacy is an independent right of personality, but it can be attached to the other causes of action, such as reputation, image rights, the right to a name, to request the law protection. Since none of the laws and regulations in China has a direct expression of the’right of privacy’before the introduction of the ’Tort Liability Act’, it was difficult to identify privacy violations responsibility in the past. Now we have clear legal basis for privacy tort behaviors after the’Tort Liability Act’ defines ’right of privacy’ as an independent judicial practice.As result, this thesis intends to discuss some issues on privacy protection from the perspective of’Tort Liability Act’, based on the current status of our privacy protection system and in the light of the history of the development and research of foreign privacy legislation, and hope to understand, through the logical structure of the’Tort Liability Act’, such concept as the subject of rights of privacy infringement, the subject of responsibility, the constitute of responsibility, the accountability of responsibility and the special infringement. The thesis also analyzes the judicial protection of privacy infringement in China by combining with the most common manifestation and types of privacy infringement. Finally, it talks about some of the not yet mature views on the legal system of our Privacy issues.