The Study Of Weibo Infringement Issue

M-blog is the short of microblog, it is to provide users with social media to share information, information service, as a result of the microblog function such as forward, reviews, collection points and makes the microblog information spread faster than in other media. In recent years, more and more users choose weibo this new media to deliver information, read, and even become an indispensable part of many people in your life. The microblog of tort incidents also happen from time to tome, according to the survey in weibo mostly personality right infringing copyright and more than any other in the environment infringement occurred more and more complicated. When we follow one’s inclinations on weibo release information, express the mood, comment on the people or things are likely to infringe others’ personality right, combined with the microblogging transmission speed and quantity of the staggering forward, wide audience sexual characteristics such as expand in weibo, makes the infringement is also more serious consequences. Weibo is the best place to free speech to achieve, but is also the infringement occurs most frequently. If the weibo environment limits, the freedom of speech is not only can cause some people enjoy the freedom most people the consequences of loss of personality right, will only make the weibo environment become more chaos. Now in the network in our country legislation, judicature is not perfect enough, for weibo infringement arising in the course of this emerging media is no specific legal basis. For weibo infringement cases can only refer to the constitution, the general principles of criminal law, civil law or tort law, by ruling that the individual regulations to which the provisions of the law for personality right there is no exact, it is necessary in the personality right law and the regulation of network infringement. To the regulation of the network environment, such as weibo needs from the legislation, administrative law, justice and so on various aspects to make specific provisions, to make our network tort legislation system is more perfect. Measures in addition to the laws and regulations, also need to weibo industry industry agreement to realize self-management, self-discipline, build industry self-discipline system. And in weibo management, this paper advocates weibo background real-name system, to manage user by real-name registration, safeguard the rights and interests of users. Besides should also improve the quality of our country’s national Internet and fundamentally solve the problem of weibo tort law.From weibo infringement of personality rights infringement problems with visual Angle, the text firstly introduces the origin of weibo, in China’s development, secondly analyze the characteristics of the microblogging, microblogging personality right concept and the concept and characteristics of microblog infringement. Through the introduction of the basic concepts of weibo infringement of personality right, characteristics that cause everybody’s emphasis on weibo infringement of personality right. Then analyzed the weibo constitutes infringement of personality right and responsibility, for the composition of such infringement cases made detailed introduction. The article fourth part overview summarizes our country about weibo legislative, judicial status quo of infringement of personality right thus obtained our country in the lack of such copyright problems and deficiencies. Finally introduces foreign legislation, judicial experience to our country’s inspiration and Stan with understanding on China’s weibo are drawn to infringement of personality right of legal regulation of some personal advice.