From The Legal Perspective Of "Human Flesh Search"

The mode of transmission changes will also bring a multi-hierarchy, multi-types effects to every areas of society. As a new way of transmission and search, "human flesh search" emerged from 2001 and now becomes to a hot social topic, which has experienced from the earlier quiz with gifts system that like FAQ and self-entertainment to the guard of justice and the buster of corruption officials,at last to the network's violent tools and privacy-invasion pests.From its boring to this moment,it's controversial. From angel to devil, from the social safety valve to butcher, it is no longer a simple network phenomenonnot, but also a worthy careful consideration social problem which can influence people in real life and interaction.Starting from belowing six point:the definition of the "human flesh search", its double effects, its against to the privacy of the network and the conflict and coordination between the two channels, the overview of the protection to the privacy of the network at home and abroad, and think about how regulate the behavior of the "human flesh, this article is divided into six chapters, and the key contents is:The first chapter start from its concept, characteristics and status, highlighting its raise and development is inevitable, because it realized the common's right to talk, improved the transparent of information, satisfied the public right to know, and promoted the development of measures to fighting against corruption. But also because of these properties, the "human flesh search" has become to the delegate of the network violence, and the case of violation the common's legitimate rights and interests became very popular.The second chapter from describing its dual nature shows that its positive role include: it is the hub which realized the public right to know and the common's right to talk, and also a platform for the public supervison; At the same time, the "human flesh search" also has negative effects at against the portrait and the privacy to the parties, and caused the moral crisis, even became the violence for the network.The third chapter uses the first case of the "human flesh search" as its starting point, focusing on analysis the circumstances surrounding of the case, its controversy and court decisions, then leads to the way that the "human flesh search" mainly used the cookies, computer vulnerabilities to find others privacy and disclose the privacy without their unauthorized.The fourth chapter start from the relationship between the "human flesh search" and the protect of the network privacy, by analyzing their legal boundary we draw, if we blindly emphasis on Internet privacy protection, restrict or prohibit on the "human flesh search" activities, it will be restricted to the freedom of speech and the development of the social mutual aid actions, even reduced the enthusiastic of the public supervision, no help to fight against corruption. But if through strengthening the internet users protect themselves by awareness and the moral education, improving the technological level, we can completely realize their common development and create "win-win" situation.And chapter five uses the method of the value analysis and comparison, listed the two most representative privacy protection modes at first:the one is the strict protection of the EU, the other one is the loose protection of the United States. Secondly, through listing the relevant privacy protection on the domestic and the law of the "human flesh search", we know that protection of privacy legislation in relation to Western countries is still not perfect.At the last chapter of six, for the lack of privacy protection and the status of the "human flesh search", I suggested the China should learn the advanced experience from the west, and combined with chinese actual conditions, in order to find out the way which can make full use of its initiative and also hold its passive and lower its negative impact which resulted by its disadvantageous factors we should establish and improve relevant laws and regulations, strength the self-discipline opinion of the association, improve the legal awareness of the net citizen, and implement Network Real-name System in the specific areas.