Study On The Tort Of "Human Flesh Search"

With the popularization of Internet network tort behavior emerge in an endless stream, the most well known, attention is the "human flesh search" in the act of tort. Our country existing privacy protection measures against the "human flesh search" this great scourges impact already be utterly routed. The use of historical research, comparative study of law, the value analysis method, this paper is divided into four parts.The first part, the overview of "human flesh search". On the "human flesh search" the broad sense and narrow sense division, and will be discussed in this paper the object defined in the narrow sense of "human flesh search"The second part, on the Chinese characteristics of "human flesh search" for the analysis of the causes, and in this part of the common special "human flesh search" behavior is analysed.The third part, the constitutive requirements of "human flesh search" in the tort liability. On the infringement of the "human flesh search" the network users and network service provider application of the imputation principle of responsibility, specific way as well as the "human flesh search" tort in the object infringed by which, the damage caused by the consequences are analyzed.The fourth part, the representative countries, regions and organizations related to advanced legislation and China's existing legislation were compared and analyzed. Put forward our country to answer the "human flesh search" proposal. Dose not suitable for network real name system, through the national leading legislative mode establish the protection of personal information.