Comment On The First Case Of Human Flesh Search Engine

The freedom of expression on the internet which is an important part of the freedom of expression is also the natural extensions of it in cyberspace.As a new kind of The freedom of expression on the internet,"Human flesh search engine " originated from "The Mop Net " for help by rewarding "Community Currency ".That the internet users disclose information or express their opinions by it contains the legal attribute of the freedom of expression in cyberspace certainly.The case of WangFei v. ZhangLeYi infringe the right of reputation which is heard by the Beijing Chaoyang District People’s Court not only makes the Human flesh search engine entered the judicial procedure for the first time in April2008, but also let the network behaviors turn into legal problems. So this case which was named by the news media is the first case of Human flesh search engine. The value conflict had become the focus of dispute between the Freedom of Expression and The Right of Privacy.This article combines with "The case of WangFei v. ZhangLeYi infringe the right of reputation" which is also known as "The first human case search", and is launched describing based on the dispute of "Human flesh search engine ".After analyzing the theoretical basis, definition, speciality, form and reason of "Human flesh search engine ",The author thinks that "Human flesh search engine" is one of the freedom of expression’s forms. But because of collective behavior,"Human flesh search engine "which can promote individual freedoms and rights also may violate Others’legal rights. Meanwhile, Base on analyzing the constituents of the tort, the author puts a rational basis and principle of limiting the abuse of "Human flesh search engine" in order to balance the conflict. Finally, the author also tries to solve the problem of the limiting the abuse of "Human flesh search engine" in our country at different angles such as legislation, judicature and abiding by the law.