The Jurisprudential Considerations On "Human Flesh Search"

The Human Flesh Search started from the "Chen Ziyao Event", and it has11years history in China. In the beginning, it focused on theentertainment events. Then it condemned people who violate moral codes.Now it pays attention to supervise officials. Every coin has two sides,so does the Human Flesh Search. If people use it wisely, it can be quitehelpful. Otherwise it will violate privacy and undermine the socialstability.In order to discuss this question thoroughly, this paper introducesHayek’s theory of spontaneous order. Spontaneous order and the Human FleshSearch see freedom as the the most important standard. And both of thembase on the foundation of evolutionary rationalism.The first part mainly states connotation and extension of Human FleshSearch，including Human Flesh Search’s typical events，process andclassification and history.The second part introduces Hayek’s Theory of Spontaneous Order.Spontaneous Order can not be rational designed by human’s deliberation.The only way of Spontaneous Order is gradual trial end error procedure,but its direction and result is uncertain. Human Flesh Search is a typicalSpontaneous Order.The third part points out that the ideology foundation of Human FleshSearch and Spontaneous Order is evolutionary rationalism. Ration islimited, we can not design the whole construction of Human FleshSearch,but we can make partial adjustment. Besides of this, Human Flesh Search and Spontaneous Order view freedom as value pursue.The fourth part analyzes Human Flesh Search from Hayek’s Theory ofSpontaneous Order. The most serious drawbacks of Human Flesh Search isinvasion of privacy. In order to protect people’s privacy, we shouldclassify different privacy. The function of supervision of governmentofficials is irreplaceable.We can not prohibit the Human Flesh Search justbecause of its adverse impacts. Though we can not predict the future ofthe Human Flesh Search, hope it will have a rational development.