Research On Me Applicable Law Of Infringing Foreign-related Privacy

With the development of epoch, the frequent infringing foreign-related privacy is a noteworthy legal phenomenon.Superficially,it is just a tort containing foreign elements,and there is no significant difference with foreign-related tort.In terms of the legal consequences,It profoundly affects the development of free speech, internet industry and the mining data industry in one country.For the purpose of protecting national interests more comprehensive,it is necessary to review the existing applicable law of infringing foreign-related privacy.In modern society, the contents of privacy is flexible,and the way of infringement is special. In addition, there is a certain intersection with public power and other private rights. Therefore, the rule of applicable law of transnational privacy should be a careful choice. In terms of the existing legislation,most of countries don’t attach great importance to the applicable law of infringing foreign-related privacy, including china. The cooperation progress in international uniform substantive law has been slow,with little success.Simultaneously, the situation is difficult to be improved in a short time.The direct impact is that infringing foreign-related privacy cases need to rely on the conflict of laws to solve.The legislators noted the impact of the Internet and other new media tools in the field of infringing foreign-related privacy,and formulated corresponding provisions.Admittedly, the provision has some reasonable and scientific factors,but the content is too simple to meet the needs of practice.For this reason,how to improve the domestic applicable rule of infringing foreign-related privacy will be a main line in the paper. For research method, Value analysis is foremost, and comparative analysis is accessorial. Structurally, the paper is divided into four parts.The Part Ⅰ introduces the grim reality of infringing foreign-related privacy and analyzes its characteristics in the first place. At the same time,the part focus on analyzes the relevant international uniform substantive law and the conflict rules. The paper argues that the existing rules can not effectively meet the demands of the national interest, and should be further improved.The part Ⅱ discusses the choice of connection point about the applicable law of infringing foreign-related privacy. After analyzing the lex loci delicti can not properly be used to deal with the infringing foreign-related privacy disputes, the paper admits the habitual residence of the infringed has its inherent rationality. However, the habitual residence of the infringed can not properly balance the various interests.Under that circumstance, as the functional complementation, the habitual residence of the infringer will be considered.The part III studies the necessity of the introduction of party autonomy, owing to merely introducing the habitual residence still has some flaws. It should be noted that the scope of the party autonomy should be reasonably restricted, especially the freedom of speech and the amount of compensation restrictions, in order to exercise the rights in line with the policy-oriented forum State.The part IV mainly discusses the division and concurrence about infringing foreign-related personal rights, including foreign-related privacy. Because of the such personal rights as the right of name, right of portrait, right of reputation, right of privacy, etc.exist intricate relationships,further clarifying the relationship between the parties can provide a reference standard for the uniform judicial practice.The conclusion summarizes and reviews the full paper. It argues that Chinese applicable law of infringing foreign-related privacy should be based on party autonomy priority, the habitual residence as the supplement, and the above was reasonably restricted by court.