On The "human Flesh Search" Of Legal Regulation

"Human flesh search engine" behavior is a product of a particular time period, and it is the combined result of various factors. China is a society in transition, lack of social morality; lack of the public authority in the regulation of behavior; due to lag or other reasons, the traditional media is missing in public opinion aphasia. These factors have contributed to the popularity of the "Human flesh search engine"."Human flesh search engine" is a double-edged sword, it not only can maintain social justice, and even help the judiciary to solve the case; but also can ramble, free to trample on the legal rights of others. If we simply get across the board, it will be impropriate. If left it unchecked, it will be also impropriate."Human flesh search engine" requires moral constraints, but also in need of legal regulation, because it involves privacy infringement, defamation and portrait infringement, but the existing legal regulation is not perfect. Theoretical research on "Human flesh search engine" focuses on communication, ethics and other fields, and the legal theory of "Human flesh search engine" focuses on freedom of speech, right to know, privacy, the legitimacy of "Human flesh search engine" into the crime and the punishment of "Human flesh search engine". The current theory is the use of existing legal provisions on "Human flesh search engine" legal regulation, there are some scholars have suggested that legislation strengthen the legal regulation on "Human flesh search engine", Chinese theory on "Human flesh search engine" legal regulation is still in its infancy. Scholars in related fields call for the establishment of network ethics, and stress the role of public self-discipline. The field of law is more emphasis on the last line of defense of law, in the demoralization environment, the legal regulation is particularly important. This paper has used the sociology of law research method, jurisprudence research method, comparative legal research method and legal economics research method, from the start of the connotation of "Human flesh search engine", a profound analysis of its causes, characteristics, and double-sided; then further analysis of network infringement in "Human flesh search engine", analysis of the conflict of the right to know, freedom of expression and privacy; and description of the existing legal regulation in China, giving its own proposals for the inadequacies; in judicial regulation analysis of "The first network infringement case", analysis of the case's effect on Chinese "Human flesh search engine" incidents. By discuss on the legal regulation of "Human flesh search engine" and comparison with foreign laws and regulation, we need to further improve the relevant laws, to provide a "Safety valve" for a harmonious network environment. At the same time, in judicial practice we should also make a reasonable balance between public interests and private rights, we should not confuse personal information publishing and subsequent abuse, to extend the boundaries of personal privacy freely, we can't sacrifice individual rights freely for the public interest.