Research On The Legal Regulation Of "Hunman Flesh Search"

"Human flesh search" is the "MOP network" pioneered a search,which usesGoogle, Baidu and other search engines. By changing the input keywords, startingwith the search targets have been identified,and through human itervention,itsearches the searcher and the search-related information to find the information whatyou need."Human flesh search" is an extension of network sharing and mutualassistance and reflect.It virtually promoted the interpersonal communication, andpromoted the progress of the society."Human flesh search"as a new type of searchbrings convenience in at the same time, also brought huge social problems.Thenetwork "of human flesh search" intensified "network of violence" as well as to thepersonal information and privacy violation can have a major impact on,the negativeinfluence of "human flesh search" is not limited in the virtual world, or has extendedto real life.Recently, the network "of human flesh search" events occurred frequently,and even some has caused serious social problems. Therefore, the "human fleshsearch"should be given reasonable guidance and normative and legal regulation.Itshealthy development,not only meets the needs of social development, but also is theproblem which people of common concern to.For China’s regulation "of human flesh search," the law has manyshortcomings. For the protection of privacy is still in the initial stage, the legislationappears relatively backward and has not been given the legal status of the right toprivacy of independent personalities.Privacy is just as additional reputation in theprovisions of the law, and not complete legal provisions. Just in the criminal law,procedure and some judicial interpretation have scattered regulation.Privacyprotection is general rough. At present, some administrative regulations haveinvolved in the network privacy protection terms, and there is not network privacyprotection national special legislation.Because of the protection of privacy in the lack of legislation and unclear, which led to the "human flesh search" infringementcases lawless trouble in practice. This article is aware of the premise the importanceof regulating the"human flesh search", and focuses on the "human flesh search"violation of the public’s right to privacy, and puts forward my ideas and vision on theregulation of "human flesh search".This article is divided into three main parts, the first part focus on the definitionof the"human flesh search",elaborating the mechanism and the necessity ofregulating the "human flesh search";The second part focuses on the present situationof tension Between the"Human flesh search" violations and the Network privacyprotection analysing the infringing features, constitutive requirements, and relatedtort and its liability for generalization to seek remedies of regulating "human fleshsearch";The third part through the analysis involved in existing regulation "ofhuman flesh search" and based on our country legislative idea, the law is insufficient.With China’s national conditions making detailed design of the system, this articlemay improve the existing law to give regulation "of human flesh search"and proposeown view and the conception.