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Human Flesh Search-the Invasion Of Privacy Of Civil Law Regulation

Posted on:2015-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2266330428964115Subject:Law
Abstract/Summary:PDF Full Text Request
As a new tort that against the invasion of privacy, Human flesh search(cyber manhunt) caused an intense attention from all public medias. Civil law scholars concentrate on the aspect that how to regulate human flesh search against invasion of privacy. Although the right to privacy has been identified as a kind of civil rights and interests in the <tort liability act>, but the tort liability act simply admit that the concept of privacy, is not a complete institutional rules. There is no classification of intension and extension information of the right of privacy. In other words, the right of privacy and protection methods are lack of clear rules. In addition, the Human flesh search behavior has no clear definition of the constitutive requirements and responsibility. For example, the fast response in urgent situation that need of legislation. From the perspective of human flesh search engine runs, this article start with the arguments of present the boundary between human flesh search and invasion privacy. The whole article will divide into three different parts. First of all, it will analysis human flesh search with a precise definition. Then expounds the deep relationship between human flesh search engine and privacy. Secondly, the article try to explore the components of the invasion of privacy behavior and human flesh search. It analyzes the human flesh search component elements is different from other general tort constitutive requirements and contact. The study should begin from the analysis of definition of injury consequence on the victim’s privacy information and mental damage. By the theory of "Causal Relationship", find out the reasons that will lead the problem. It will improve the privacy of regulation on civil law, demonstrates the privacy of imputation principle should apply the principle of fault liability. Human flesh search form of civil liability of the invasion of privacy should be different with other forms of tort liability and apply these responsibilities form the matters needing attention. Finally There are some legislative Suggestions. Privacy legislation should be confirmed in the personality right law, and make the clear definition of the right of privacy content, connotation, and conflict rules.
Keywords/Search Tags:human flesh search, The right to privacy, The civil law and regulations
PDF Full Text Request
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