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Legal Issues In Such Case Of "Internet Mass Hunting"

Posted on:2012-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2216330338461705Subject:Law
Abstract/Summary:PDF Full Text Request
"Internet mass hunting" reflects the development of information technology and social progress, It has an active role. For example, some of which reveal the social dark, ugly, false phenomenon, and constraint of social role of public opinion; some of which reflect the public on the Sound of Music, the pursuit of justice. It is a morally criticism and punishment of the wicked. But it also has negative drawbacks. For example, it infringes a normal life and affects the network of others in real life. If people abuse "Internet mass hunting ", majority of Internet users will be transformed into a network of violence against minorities, lost the position of justice, Instead, they undermine the social equity and justice. As the network regulation is not perfect, "Internet mass hunting" is likely to be used by some bad people, as a tool to harm others. And improper "Internet mass hunting"would cause a series of violations. For example, it would image rights violations, reputation, privacy. The most common violations are violations of the privacy. Therefore, we must strengthen the law on the regulation of "Internet mass hunting", to protect the legitimate rights and interests. In this paper, both public and private law regulation of the angle of "Internet mass hunting" are proposed, and it also proposes relevant system.In the regulation and improvement of the public law on "Internet mass hunting",the paper first cites in and addresses criminal law regulation. The regulation of criminal law on the "Internet mass hunting" is reflected in protecting personal information, and punishing insult. As scholars have more controversial on whether convict "Internet mass hunting", it also analyzes in this paper, comes to the conclusion that it is not appropriate to convict "Internet mass hunting"in the end. For the following reasons:first of all, criminal law is the most severe and mandatory in many legal norms, only when other means of social control without regulation, and existing legal norms does not expressly provide, an act is considered a new set of crime, and included in the scope of criminal law; Secondly, most problems in "Internet mass hunting" can be resolved through civil procedures. Third, people involved in "Internet mass hunting" inform and abuse personal information, such as public insults, telephone harassment, even open beatings and other bad behavior, indeed, they have been violate the normal life of the parties and their families, but them can be regulate according to the "Public Security Administration Law". Then this paper discusses the administrative law and" Public Security Administration Law" on "Internet mass hunting"regulation, and make a perfect method.In the private law aspects on "human flesh search" regulation, this paper begins to discuss strengthen privacy protection, and propose three ways to improving privacy protection:The first is clearly type and manner of invasion of privacy; The second is a clear invasion of privacy tort liability; The third is to strengthen the legal protection of privacy on the Internet. Then this paper propose the regulation of network operator in "Tort Liability Act", and address the obligation of network operators. Finally, because of the openness and broad of the network, it allows all users to share all information online, as people's information control and processing capabilities substantially elevate, it also causes new problems of personal data protection on internet. Therefore, this paper proposes a view to speed up the legislative process of "Personal Information Protection Law". The coexistence of a variety of accountability mechanisms to regulate"Internet mass hunting", is looked forward to the effective regulation of "Internet mass hunting", and to promote the harmonious development of the New things in network.
Keywords/Search Tags:"Internet mass hunting", Network, information, infringement
PDF Full Text Request
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