The Text Research On The Civil Protection Of Personal Information In The Network Environment

For "personal information", all countries and regions of the world, does not have a unified view. In addition to the "personal information","personal data" and "personal privacy" is also used to express personal information. Chinese scholar QiAimin think that:personal information refers to the sum of all the information which can be distinguished natural individual. Personal information in the network environment is also included various information of individual civil in the network activities. Personal information has three main features:dual attributes of personal right and property right, identifiability and easy to collect. Expressions of personal information under the network environment are varied, the most important is the infringement of Internet service providers and network users of personal information. These trtious conduct result of the owner’s personal information personal safety damage, spam messages also disrupted the life of people, and even some offenders use personal information for crime. Personal information is not only related to the fundamental rights of citizens, but also about social stability and harmony, at the same time, the healthy development of the social economy requires the protection of personal information. Therefore, protect personal information in the network environment is quite necessary.The personal information of the civil law protection present situation in China is not optimistic. Compared with European countries, our country in the aspects of legislation start late,combined with the legislative level is limited, the degree of social concern is not enough. It is not difficult to find, China’s regulations for the protection of personal information, can be found in "General principles of the Civil Law"," Tort Law of the People’s Republic of China " and other laws and regulations, the lack of systematic protection, which leads to problems of scope of protection of personal information protection is weak, fuzzy. However, the current legislative development trend, the legislation has had the leap development. From2012, The National People’s Congress, the Ministry released a series of laws and regulations to strengthen the position of the protection of personal information, we can say the government has gradually focus on the issue of personal information protection in the network environment.A lot of foreign countries and regions have established laws and regulations on the protection of personal information in accordance with the actual conditions, the typical European Germany, Britain, America, and Asia Japan, Hong Kong and Taiwan. Through the study of comparative legal systems in other countries, discard the dross and select the essential, learn from experience, so as to guide our country to develop"personal information law" and "network of personal information protection law" which accords with the situation of our country.In the network environment of China’s civil law protection of personal information system problems mainly in the following points:the definition and scope of personal information in the network environment is fuzzy, the subject of liability for tort is not easy to identify, the imputation principle of tort liability is not clear, ways to undertake tort liability is not sure, and the supervision of the implementation of related laws and regulations is weak. On the above-mentioned problems, should be targeted to solve one by one:reasonable definition of the scope of personal information in the network environment, clear main body of liability for tort, improve the imputation principle of tort liability, determine the way of the tort liability, set up an independent agency to supervision. In order to adapt to the trend of the times, we must improve the system of China’ s civil law protection of personal information in the network environment, to protect the security of personal information of citizens.