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Research On Human Flesh Search Violations

Posted on:2014-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LiuFull Text:PDF
GTID:2256330425971634Subject:Law
Abstract/Summary:PDF Full Text Request
With the developing of human society, network is somehow included nearly every part of our normal life. Profit from this teleology, overwhelmingly changes have been occurred not only on the speediness of spread, but also on its scope and even influence its style. Now is a time of information network age, but that’s also a double-edged sword, thus the lagging of the legislation and the weakness of the people’s legal sense, lots of legal cases have been occurred, which can be concluded that the problem of network tort is gradually exposed.Recent years, as a brandy new searching style, Human flesh search engines cause lots of network torts such as "the Wangfei incident","the Cat maltreating woman incident". For the people concerning about the protection of personality right. This paper aims on the conflicts about the tort of human flesh search engines.Widely speaking, human flesh search engines belongs to one kinds of searching tools, which provides an avenue between the question of the searcher and the answer of the widely netizen, a kind of way that assemble the power of all people to search the information of the right answer. While on the narrow sense, it means a process of answer searching, which relays on the platform of net, after sorting and analyzing the data and resources, the right answer can be known by someone. At this point, a conclusion can be seen that human flesh search engines have the character of subject wide-ranging, conceal behaviors and widely influence.This paper mainly analysis the property of human flesh search engines. HFSE has the dual character, if there is a systematic law and moral standard to compass its behavior, its no doubt a way to process network supervise and for citizen to right to freedom of speech. But when people have comments, luck of restraint makes them usually have extreme remarks, or even distorted facts and maliciously tort. All these negative elements may cause the offence of other’s right of privacy, right of reputation and right to portrait.Therefore, the behavior of searching in any case is no doubt an extremely worthful issue to analysis about. This paper analysis the act of HFSE from the four rights, which can be divided into three parts:the HFSE of the public figure; the HFSE of the man who ignore the ethics and laws; the HFSE of normal people, for the study of the property tort. Moreover, method of comparative analysis will be used to study the regulation and mechanism of HFSE between the foreign countries and our country at present, in order to investigate the frame of the basic law about HFSE.
Keywords/Search Tags:Human flesh search, Tort liability, Right of privacy, Right of reputation, Right of portrait
PDF Full Text Request
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