The Right To Privacy Under The Network Environment Tort Civil Law Regulation

The right of privacy is a basic human right. Protection the right of privacy is the realization of personal peace and a necessary requirement for social harmony. Our country does not have a perfect system of the right of privacy. In the aspect of legislation, protection is indirect, relies on the right of reputation or general personality interests. With the rapid development of Internet, the network brings people convenience. At the same time, also gradually exposes some disadvantages. Infringement of Internet privacy right is becoming more and more serious. Therefore, the civil law provisions of internet privacy tort have very important practical significance. The full text is divided into six Chapters:Chapter1, the author analyzed the research background for Internet privacy right, the research situation at home and abroad, points out the significance of the research.Chapter2, the article sets out from the judicial practice. By a group of case, the article elicits the problem of internet privacy tort. Then, according to the academic viewpoints and the focus in the trial, it puts forward several legal problems. The following article describes these problems. This paper hopes to solve problems in the judicial practice.Chaptcr3includes two aspects, the legal definition of the internet privacy right and analysis of the behaviors of tort. This paper analyzes the concept, characteristics and content of internet privacy right, it points out that "the right to speech ends where the right to privacy begins ", the article more detailed divides the types of tort.Chapter4, we discuss the responsibility principles of internet privacy tort and constitution of responsibility. According to the subjects of the internet privacy infringement, two paratactic responsibility principles are employed:mainly apply the principle of fault liability, for network service providers apply the principle of presumption of fault. Then, we expound the components of the liability, providing a clear train of thought for determination of infringement.Chapter5analyzes two basic protection models of Internet privacy right in the present world. Considering the actual law situation in our country, we put forward our model-legal regulation mainly, Industry self-regulation as a supplement.Chapter6is to build up the internet privacy protection system. Through the analysis of China’s current legislation, the right of internet privacy lacks of direct and comprehensive protection the current. We should made principle provision in the future civil code. Then, we can establish a separate law of internet privacy right-"internet privacy protection law". Combined with other various department laws and regulations, we can construct a protection system for internet privacy right in civil law.