Legal Regulation On Using Micro-blog To Violate Privacy

Micro-blog as new media means of communication, since its inception in the globalscope rapid development in our country, its development is rapid, micro-blog usersconstantly create new high, every second is a publishing and dissemination of a large numberof micro-blog in various carrier. In micro-blog brings people convenience and informationdissemination, also brought the infringement, a variety of which, violations of privacy isparticularly prominent, and because of its convenience, shortcut often cause seriousconsequences of the violation and the expansion, due to hysteresis current relevant legislationand system, cause the various problems, the infringer to the tort liability.This paper takes the liability for tort as the angle of view, through the analysis ofrequirements, specific forms of micro-blog privacy violations, and according to the analysisof particularity has the micro-blog this network communication tool, which is derived fromthe general behavior of infringing privacy difference, further combined with the currentlegislation about micro-blog privacy infringement liability issues and the status of theproblem, the reference of foreign legislation, precedents and measures and the experiencegained and lessons, which based on the principle of legislation, to perfect the relevantlegislation on micro-blog privacy violations of effective legal regulation proposals.This article altogether is divided into five parts:The first part introduces the micro-blog production, and the basic characteristics,development process, described in the current micro-blogpeople work and life as informationdissemination platform and tool ofextensive and importance, and a brief analysis ofmicro-blog for people tobring a lot of convenience at the same time, the negative effectsbrought about by the.The second part from the basic concept of the right to privacy anddefinition, form andcharacteristics of new privacy key contact networkenvironment presents the definition,contents and objects of the micro-blogpossible violations of privacy, and then analyzes theelements, micro-blogprivacy violations form, combined with a typical case,descriptioncharacteristics of the network environment for people to use micro-bloginfringethe privacy act, so that a special micro-blog privacy violationscompared with general privacyviolations.The third part from the perspective of tort liability perspective, through the introduction of legislation in current laws and regulations on micro-bloginvasion of privacy liability inChina, focusing on the provisions of the "tort liability law" thirty-sixth article analysis andreflection, combined with the case points out the shortcomings and deficiencies in the actualuse, thuscarries on the analysis and the summary to the applicable laws to determine theprominent problems micro-blog privacy infringementresponsibility process.The fourth part mainly introduces the foreign laws and regulations onmicro-blogviolation of privacy legislation, judicial and other measures, the EU and the United States ofAmerica introduced different legislative mode and legislative principles, and comparativeanalysis of the United States and Japan, South Korea and other countries of different meansandconsequences of process used in execute network real name, alsointroduced the UnitedStates of America through the establishment and improvement of industry self-regulationmechanism to make up the blank of the legislation measures, so as to provide a usefulreference to improve the relevant legislation and measures in china.The fifth part embarks from the realistic national conditions, learn from foreignexperience, from the legislation, the real name system, to guide theestablishment of industryself regulatory mechanism in different aspects,aiming at the outstanding problem of China’scurrent legal regulation micro-blog privacy violations in some suggestions and ideas.