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Tort Liability And Legal Protection Of The Right To Privacy In The Internet Environment

Posted on:2012-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:C X ShangFull Text:PDF
GTID:2216330368989416Subject:Law
Abstract/Summary:PDF Full Text Request
Privacy is an important basic civil right. It causes much concern for it related to people's immediate interests. Especially in the rapid development of internet technology and the complication of today's network environment, the subject of Internet privacy is particularly prominent when more and more internet users are deprived and infringed of privacy rights. With the rapid development of information technology in today's society, the popularity and applications of the Internet has brought great convenience for people's work, studies, daily life and the exchange of information, but it also made a huge challenge to the protection of personal privacy in the internet environment. Facing the increasingly serious infringements of the privacy, the relevant laws and privacy protection measures are in a relatively backward state. Internet will make privacy violations easy, make infringement behaviors more complicate and make infringement ways more subtle. The reasons, such as the backwardness of the law and the difficulties of getting evidence make it difficult to guard the rights of the victims.It is aimed at making the development of the networks without the loss of personal privacy and making the network more healthy,more reasonable and more humane.The topic of The Infringement assertion and legal protection of privacy in the internet environment would be an important humane and legal proposition not only in today's society but also in the future. The centrality of the law gives no cause to criticize, but we also must pay attention to use of technology and ethics to make laws, ethics and technology in coordination, which will help us promote the development of internet technology and the protection of individual rights.This article is divided into five parts.The first part takes the "Dead blog case" as the main line and combines several typical internet infringement cases. It analyzes the characteristics of infringing privacy and the lack of legal protection in the internet environment through the analysis of the details, judgments and controversial assessment of these several typical cases.The second part is about the definetion of the concept of privacy and the concept of the privacy unter the internet environment.It analysises the characteristics of privacy in the internet environment.The third part is the present situations'summary of the protection of the privacy and the privacy in the internet environment. It focuses on the author's own understanding and analysis of the relevant provisions of "Tort Liability Act", summarizes the present status and the development tend of the protection of privacy in the internet environment, and analysis's the current laws'lack and weakness of the infringement assertion of privacy in the internet environment in our country.The fourth part is for the privacy of our network environment, the problems that reflect and learn from the advanced experience of Europe and other developed countries on the basis of trials with the concrete practice of China, to improve the environment of the network identification and privacy infringement Legal protection of a number of observations made.Finally, suggestions on improving the infringement assertion and legal protection of privacy in the internet environment, which is based on the advanced experience of Europe and other developed countries and our own trial practice.This paper attempts to give some suggestions on the internet privacy protection through the discussion of the privacy problems in the special environment of internet. The privacy of the network made suggestions to the development of the network is at the expense of personal privacy the cost of the network become more healthy,reasonable and humane.
Keywords/Search Tags:The Right of Privacy, Network Environment, Tort Liability, Legal Protection
PDF Full Text Request
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