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Legal Issues Research Of "Human Flesh Search" Invasion Of Privacy

Posted on:2013-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2246330371487444Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet technology, the way of people’s live, work and study becomes more and more convenient. At the same time, a number of problems caused by the Internet is having a profound influence on our daily lives. Among them, especially need to mention the network behavior--"human flesh search". As a new type of Internet search, it brings great convenience for people’s network activity, meanwhile, its infringement on people’s privacy has become increasingly serious for the protection of privacy. It has become an urgent problem that how to regulate the network behavior--"human flesh search", and how to protect the privacy rights of citizens.The conclusion of the first case of the "human flesh search"--"Wang case", makes "human flesh search" violations of judicial procedures for the first time, so that the "human flesh search" by the network is officially rise to the formal legal issue. In this paper, combined with the case of concentrated focus of a number of controversial issues, based on the use of tort theory, defined the privacy rights under the premise of the distinction between traditional privacy and network privacy and described the origin, characteristics and behavior classification of the network behavior-"human flesh search". At the same time, for the case, I had a more profound reflection: how to balance the freedom of speech and the right of privacy? What is the value of the freedom of speech reflected in the "human flesh search"? At the end of the article, there are five recommendations for how to regulate the network behavior--"human flesh search":First, improve the network moral of the Internet users; Second, gradually establish the Internet real-name registration system; Third, refine the responsibility of the network service providers; Fourth, build a network administrative supervision platform; Fifth, give the minors identification data the specially protect.The "Wang case" has been concluded, but it leaves us a lot of problems to thought, these problems needed the further in-depth reflection. Undoubtedly, this case is a very important case in the history of the tort law development in our country. We should deeply reflect on the case and correct objectively view the network behavior--"human flesh search". And we should effectively guide and regulate the "human flesh search", make it operate well in the regulation of the law and play its due role to protect the privacy interests of our citizens.
Keywords/Search Tags:Privacy, Network privacy, Human flesh search
PDF Full Text Request
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