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Human Flesh Search "research Network Infringement

Posted on:2012-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:B Y WangFull Text:PDF
GTID:2216330371452041Subject:Law
Abstract/Summary:PDF Full Text Request
Since 2001 " the incident of Chen Ziyao " in Microsoft, "human-powered search" has been well-known for us , network is played a positive role , simultaneously eliciting incorresponding private problem because of the powerful force of netizens, "human-powered search" is one of above ."The incident of dead blog"happened in 2009 which is seen as the first judicial case of "human-powered search" in China, subsequently, tort liability law is regulated illegality of "human-powered search" firstly on July 1st , 2010 , since then, internet infringement of "human-powered search" is terminated the situation of no laws to be observed, attaching importance to protect victim's legal rights.This article is discussed with"The incident of dead blog", leading to specifical private problem of "human-powered search" by case,by the method of comparison of the mainland areas in China with other countries and regions, drawing lessons from the outstanding achievements, for example, legalization of "human flesh search" in Taiwan can be provided a good reference for mainland area. Finally, this article presents specific legislative thought of internet infringement of "human flesh search". Through the thorough discussion, this article is to define internet infringement of "human-powered search", finding out the boundaries between internet freedom of speech and internet infringement, briefly analyzing the feasibility of legislation of internet infringement of "human-powered search" .As recently tort liability law issued, especially the 87th article is regulated internet infringement, "human-powered search" has become the focus of the academic community, this article's main highlight is combined with the newly issued tort liability law and legislative practice of "human-powered search" in Taiwan, comparing with the specific provision of "human-powered search" between mainland area and Taiwan, bringing up feasible legislative thought, possessing historical and innovative.
Keywords/Search Tags:human-powered search, tort liability law, internet infringement, the incident of dead blog, public welfare
PDF Full Text Request
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