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Legal System Of Personal Rights In The Times Of Network

Posted on:2013-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:M Z SongFull Text:PDF
GTID:2216330371460832Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid development of computer technology of the Internet, we have entered the information age. The number of Internet users in all ages is rising year by year, with "human flesh search", as a representative of the online infringement cases occur occasionally. Therefore, the network development and at the same time also brings some new challenges. The author, the person is a civil rights in the network environment of network extension, also should be under the full protection of civil law.This paper discusses the basic rights and network person with the theory of, the mainland legal system with "personality values" theoretical basis for legislation, common law to "property values" theoretical basis for legislation. Throughout the network of tort status, personal characteristics and violated rights infringement network forms of expression, analysis of the person under the network environment, the subjects of the right and the right content on the range on the range of new features. Through the legal system of China's network person the analysis of the present situation, this paper expounds the network age person met problem. Using the comparison, in network times the change of civil law theory analysis and stipulate in network times the legal system and the traditional rights legal system comparison, this paper expounds the network age person theory. At the same time, from the rational Angle and interests balance explains the necessity of rights protection online. The network hypothesized sex determined the person more easily infringement, the subjects of the right infringement of the main body of the identity and uncertain. However, the network era of personal excessive protection may also give virtual community development bring some obstacles, it will need to balance the relationship between the two, do the balance.In addition, this paper lessons from the American model and the European Union self-discipline model of legislation for the protection of the personal network, to extract from both between for balance, and perfect the legislation from the system, strengthen the administration management and enhance the self-discipline, enhance the legal consciousness of citizens four aspects discusses the protection of the rights of our network and the implementation of the new the tort liability law stipulate the network the rules of the analysis and discussion.
Keywords/Search Tags:network of personal rights, legal system protection, electronic information
PDF Full Text Request
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