The Theory Of The Legal Protection Of Network Privacy

In recent years, with the continuous rise of network, countries around the world are developing various kinds of network application technology. The population using network has also increased. Then the booming development of network has changed human’s life form. The convenience of network makes people’s daily life really reach the ideal realm of "So far and yet so near". Electronic commerce and information exchange play more and more important parts in Internet. At the same time, development of network brings new subjects on the right to privacy in traditional domain and its legal protection. Network privacy is the right to privacy in the context of network extension. How to improve the protection of network privacy has caused widespread concern in most countries. Due to the diversifications in economy, politics, culture, and history among different countries, the protections of network privacy varied. In our country, network technology development started late, with rapid development, and thus violations of the privacy of the phenomenon of frequent occurrence. Therefore, we should adopt foreign experience and practice, combining with the actual conditions of our country, and set up as soon as possible the framework of the protection of network privacy. In accelerating the process of entering network era, strengthening and perfecting the protection of network privacy has become a top priority.This paper discusses three main parts:The first part is an overview of net privacy, including the basic theory of network privacy and network privacy infringement. This part starts from the concept of privacy and the right to privacy to the protection scope and characteristics of the right to network privacy. Then it points out that the current various forms of network privacy infringement and the characteristics of network privacy infringement.The second part is about the conservation status of protection of the right to network privacy. At present, for the protection of network privacy, governments have two different ways:one is legislative regulation mode, which is adopted by most mainly European Union Members. The other is American trade self-discipline mode. This part introduces foreign protection of the right to network privacy and new direction of development. Meanwhile, these two kinds of patterns of strengths and shortcomings were compared and analyzed.The third part is an analysis of the current situation of China’s protection of right to network privacy. It points out the existing defects and deficiencies in two aspects of China’s legislative regulation and self-discipline. Then put forward the proposal from four aspects on how to perfect our country’s protection of right to network privacy, including improving legislation, strengthening self-discipline construction, strengthening education and promoting international cooperation.