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In The Protection Of The Privacy Of Citizens Of Human Flesh Search

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y BieFull Text:PDF
GTID:2296330452456419Subject:Law
Abstract/Summary:PDF Full Text Request
With the increasing penetration of the rapid development of the Internet andnetwork technologies,"human flesh search" the new way to search for people to quicklyfind the information needed to provide efficient solutions, but it also brought somenegative social reaction. There are people with ulterior motives of abuse part of usersknow the truth, resulting in "human flesh search" invasion of personal privacy of events.Therefore, in this paper the author of how to regulate the "human flesh search" behaviormade some suggestions. This paper is divided into four sections:The first chapter,"human flesh search" typical case history occurred on the basis ofbehavior, introduces the definitions of human flesh search and privacy, and focuses onthe conflict privacy and the right to information, freedom of expression, and furtherelaborated, how to coordinate the relationship between the three types of rights, becauseof personal privacy interests, and the right to information, freedom of expression toprotect public interest, when we deal with the relationship between the three, to beconsidered comprehensive, not in order to protect the public interest and any sacrificeindividual rights, to coordinate the relationship between the three, so as to achieve abalance.The second chapter,”human flesh search” violations of the law of privacy situationhas carried on the comprehensive analysis, first of all, this paper expounds the “humanflesh search”violations of the right of privacy of two types, respectively is a citizen’sright to peaceful life, right of personal information secret. And further analyses the threeways of violations of the right of privacy, respectively is the use of securityvulnerabilities to steal other people’s privacy, USES cookies to steal other people’sprivacy, without permission, posted online privacy. And different from the\"humanflesh search\" violation of personal privacy subject analysis, the responsibility clearlyrelated parties shall bear civil liability. Finally, the paper analyzes the violation ofprivacy exemption is made.The third chapter of this article,this paper introduces the China’s existing laws andregulations involving the right of privacy, and points out the problem of privacy legislation in our country. So far, our country has not yet been specifically for privacylegislation. Then analyzes the privacy legislation situation abroad, mainly divided intotwo modes, respectively is the industry self-discipline mode, the eu’s legislativeregulation mode. Through the comparative analysis of domestic and foreign legislativesituation, draw lessons from foreign experience, to make up for its defects onlegislation.Chapter IV of this article, lack of privacy protection for our country. From ourreality, put forward proposals to improve the protection of privacy from the legislativelevel, technical level, the moral level, industry self-regulation and other aspects.Analyzes focus on how to improve the legislation, we must first develop specializedprivacy protection laws, rather than sporadic in other branches of law provisions, andfurther analysis of the problem of privacy protection into the penalty stage is notsuitable to use the criminal law specification, mainly because of the rapid developmentof the Internet, if too many restrictions by law, will be detrimental to their development.
Keywords/Search Tags:Human flesh search, Privacy, Network tort
PDF Full Text Request
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