Study On The "Human Flesh Search" Tort Liabilit And Legal Regulation

The "Human flesh search" was originated from the mop net, and it is a kind of searchmode which takes the network as a platform for information search by artificialparticipation. During the search process, one posts questions, and then lots of netizenstrack down to the truth of an event about the question and publish the relevant informationaccording to their own awareness of information. On one hand, the emergence of "humanflesh search" can bring great convenience to the social communication and it is conduciveto information sharing as well as promoting the progress of the society. But, on the otherhand, it can also bring the phenomenon like illegal revealing of others personal information,fabricating false facts for defamation or even coursing infringement of others privacy,reputation and personality rights. Although this kind of infringement act occurred in thevirtual environment of the network, the harm it brings in the reality is enormous. In recentyears, there are even more the cases of death to the victims. Therefore, on one hand, theReality asks the law to legally regulate the problems of the "human flesh search" and guideit to the benign development. On the other hand, due to its large number of subjects,anonymous, network virtual and other reasons, leading to the complexity of the tortliability from the law Angle, the infringement behavior caused by "Human flesh search”need in-depth analysis and research from the legal theory and practice aspects.By applying the empirical law and comparative law research methods, and on thebasis of summarizing the concept, characteristics and development of the "human fleshsearch" and combining with the recent typical cases of "human flesh search", this paper hassummarized the types of tort liability as well as analyzed specifically the composition andcharacteristics of tort liability. What’s more, according to the shortcomings of the currentlegislation in China and through the comparison based on the experience of the foreignlegislation and practice, this paper has also put forward to perfect our legislation so as tofurther regulate the principle and concrete suggestions of the infringement behavior of"human flesh search", such as clear the body types of the tort liability, refine of tort liability, establish the real-name system of network by passing legislation,, prevent infringementevents from the source, provide special protection for minors, etc. The article mainlystudies the improvement of the tort liability legislation of "human flesh search" in ourcountry and has put forward certain creative views for special protection of minors’"human flesh search" as well as to distinguish the responsibility one.