Civil Law Protection Of Internet Privacy

This dissertation is on protection of privacy in cyberspace under civil law. It makes a scrutiny into the following issues by methods as historical research, comparative analysis, and empirical analysis: the structure and contents of the right to privacy in cyberspace, the constitutive requirements of the infringement of privacy in cyberspace, and the liability for it. This dissertation also discusses the limitation of our current legislation on the right to privacy in cyberspace and puts forward some suggestions to promote it. This paper consists of 5 chapters besides the introduction and conclusion, about 46,000 words.Chapter 1 introduces the challenges that network infringement brings to the right to privacy, which conducting the necessities to protection of the privacy in cyberspace. So we put forward the concept of the right to privacy in cyberspace. And then analyzes the definition and characteristics of it. Follow on, discusses the restriction of the protection.Chapter 2 mainly discusses the structure and contents of the right to privacy in cyberspace, including the subject, the object and the content of it, inheriting with development of the right to privacy.Chapter 3 discusses the constitutive requirements of infringement of privacy in cyberspace. This chapter mainly argues the subjective condition, the objective condition and exemption excuse of infringement of privacy in cyberspace.Chapter 4 is about the liability for infringement of privacy in cyberspace. This chapter mainly discusses: the principle of attribution, direct liability, and indirect liability, the methods of bearing civil liability.Chapter 5 discusses improvement of the protection of the right to privacy in cyberspace, according the current legislation of our country and puts forward some way to legislative enactments of the Civil Code and the matching legislations.