The Study On The Legal Protection Of Network Privacy In China

With the rapid development of the popularization of computer and Internet technology, network has been involved in major fields of social life. Network is widely used for people’s life provides a convenient and rapid service, greatly changed people’s production and life style. Online chat, online browsing information, such as web search engine has become an integral part of people’s life. Through the network technology, meanwhile, any act that infringes on another person rights and interests of growing, has brought a series of network infringement problems, such as the use of "human flesh search" violate the privacy rights of the parties, the use of network platform released at random privacy, etc., these behaviors not only greatly harm the lawful rights and interests of the parties, also makes the security of the network environment. Therefore, how to under the network environment regulation network tort, relief to citizens under the environment of network privacy and protection is very important.This article choose in the legal protection of privacy under the network environment in China, from the Angle of the law applicable to analysis the problems of the infringement of privacy under the network environment, through the existing problems and the insufficiency, seek appropriate solutions and reasonable way, to correctly apply the law to regulate network infringement, for the right to privacy under the network environment to provide a more comprehensive and perfect protection.This article except introduction and conclusion, reference, thank you, will be divided into four parts. The first part introduced by the concept of privacy under the network environment, the concept of privacy, and analyzes its characteristics, from the scope of protection, protection center of gravity, the content of three aspects: economic value to distinguish the different privacy and right of privacy under the network environment. The second part mainly includes four levels, the paper analyzes the subject and the object network privacy tort, tort characteristics and specific behavior. The third part is an analysis of the present situation of legal protection of network privacy in our country. In the constitution, the criminal law, the tort liability law of network privacy protection provisions are involved, but did not form a comprehensive system of legal protection. The tort liability law article36is our country for the first time in the form of basic law of network infringement made specific provision, from the three funds identified network users and network service provider’s responsibility. Change for a long time in our country of network privacy protection, indirect is a major breakthrough in the protection of privacy under the network environment. The second level is mainly analyzes the problems existing in the legal protection of privacy, lack of self-discipline, do not privacy legal protection system, this part analyzes in detail the tort liability law article36of deficiencies in the judicial practice, the main responsibility for scope, responsibility allocation and other issues still need further clear and refined. The fourth part mainly aims at the third part is the analysis of the present stage our country puts forward the Suggestions for lack of network privacy protection and detailed measures to improve the network privacy protection legislation, build industry self-discipline system, the government, increase network supervision from three aspects make up the present existing problems and vulnerabilities, can more system to protect the right of privacy under the network environment.