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The Right Of Network Privacy Tort Liability Law Research

Posted on:2013-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:W T ChenFull Text:PDF
GTID:2246330371489388Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The network is a double-edged sword, it brings us convenience, but also for our life brought manyunsafe factors, to our existing laws and social management system is a challenge.Network openness andeasy to see that people’s privacy in the imperceptibly exposed to public view, the privacy of the individuallife are faced with hitherto unknown threats.Personal data is all illegal collection, storage, the main use andtransmission phenomena it is often seen., personal privacy was leaked and was violated when the incidentoccurred.The network right of privacy is the traditional right of privacy in network world extension, withthe traditional right of privacy, has its unique meaning and content, and need to be clearly defined.China’sacademic circles to the network right of privacy’s definition of different opinions, this paper thinks that thenetwork right of privacy is a natural person shall enjoy personal well-being and personal secret information,others may illegally disturb, informed, collect, publish and use a special kind of personality right.Itsfeatures include subjects of rights can only be a natural person, object of the right of uniqueness, rights andinterests, the uncertainty of infringement jurisdiction.To determine the network privacy right of networkprivacy tort scope is crucial, is the legal basis of the case, this paper identified as individual field of activityand the personal information of two parts.Among the individual areas of activity include personal networkcommunication content, personal computer, personal living space data and information network.Our country about the network right of privacy’s legal regulation is mainly based on the "PRC tortliability law" the thirty-sixth regulation, so the article is academic and practical circles called network rightssafeguard clause.According to the article, this article from the fact of damage, illegality, causality andsubjective fault of the four elements was analyzed according to the characteristics of networkprivacy.According to the network right of privacy infringement behavior characteristics of a plurality of,the network right of privacy is divided into five main categories: government departments, Internet serviceproviders, between employer and employee, network "hacker", other individuals (Internet users).From thespecific analysis of the tort of Internet privacy right, bear the corresponding legal responsibility.With the continuous development of network technology, network virtual space expansion, thenetwork right infringement question also day by day highlights.In the protection of network privacy right in our country, although the relevant laws embodied in the constitution of our country: thirty-eighth,thirty-ninth, fortieth on the personal dignity of citizens, private residence, freedom and privacy ofcorrespondence protection provisions of.In civil law, criminal law, procedure law and "minor protects alaw","woman’s rights protection law","law", the protection of disabled persons "Statistics","bank" andother regulations of Provisional Regulations on the administration of protection of right of privacy onInternet scattered stipulation.But there are still such as regulations scattered, lack of systematic, moreindirect protection, protection of vulnerable disadvantages such as direct deficiency.Based on this articlefrom the existing legislation on the right to privacy supplement explanation.First, in the law of tort in therelevant provisions stipulated increased, the violation of the citizen right of privacy in civil liability,arbitrary or unlawful infringement of the right to privacy of damage, the victim shall have the right todemand the cessation of the infringement, apology, and may claim compensation for the losses, particularlyto the provisions of the mental damage compensation.In second, suggested the addition of China’s criminallaw "invasion of privacy." this one accusation, that serious violations of privacy behavior subject tocriminal sanctions in order to enhance its deterrent.In third, the administrative law the law regulationshould strengthen the staff to protect citizen right of privacy, in real life because of working reason, theadministrative organ is easy to receive citizens personal information, so strengthening the administrativepersonnel to the privacy protection is particularly important, its privacy behavior should be severelypunished.The protection of network privacy right is a complex and arduous system project, it needs the entiresocial the act with united strength, from a legal point of view on the construction of Chinese socialism withcharacteristics of the network privacy protection mechanism of the plurality of complete sets out, in orderto make China’s network privacy protection to get actual effect.
Keywords/Search Tags:network privacy, tort liability, tort perfect
PDF Full Text Request
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