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The Study On The Legal Issues Of The First Case Of Human Powered Search

Posted on:2017-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2296330482480318Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The progress of the popularity of the Internet and Internet technology bring great convenience to people’s lives, to the practice of law brought many problems. In recent years, cause social widespread concern and controversy of human flesh search is one of them, it is a kind of traditional network information search beyond and breakthroughs. From China have occurred some human flesh search cases, human tlesh search does not necessarily lead to a violation of personal privacy, but most of the human flesh search are and personal information and personal privacy related. Therefore, human flesh search has become the legal profession can not overcome a problem. At present there are many errors in understanding of human search, resulting in human flesh search encountered legal difficulties in reality. Human flesh search from entering the public view has attracted wide attention of the society, the concept, characteristics, and how to regulate the order of the state are has research value and practical significance of the issue. Human flesh search for the community to bring the positive and negative effects are also very prominent, and also led to the many ethical and legal issues, so that only the human flesh search and the resulting moral related legal issues in-depth analysis, in order to explore the effective guidance and regulation, which also makes the study of human flesh search it is more necessary and urgent.From a moral point of view, the traditional moral is the moral foundation of human flesh search, human flesh search has the dual attributes of morality and anti morality. From the legal level say there is a latent risk of privacy invasion, which requires us to the network of rule of virtue and the rule of law in network combined. The moral self-discipline is the important role of the function of moral, moral heteronomy is the supreme principle of morality and virtue net strengthen human flesh search in the network moral education, strengthen the moral self-discipline and heteronymous morality perfection. Exist in the form of law does not exclude moral heteronomy, only requires discipline based on reason.Administering to the human flesh search privacy as an example, discusses how to use the law to regulate the human flesh search. Human flesh search environment, violations of privacy and other violations of privacy are different, discusses the collection behavior, in the information dissemination of information in violation of the privacy case. I had the protection of privacy exist conflicts, legal chaos system; fuzzy rules, the lack of operability; supervision departments and industry self-discipline missing. Recommendations will be established in the system of the right to privacy in civil law, strengthen the judicial practice, making the "personal information protection law", the realization of privacy protection. In addition to the moral and the legal norms to guide the human flesh search can also from the implementation of the Internet real name system, improve the moral and legal consciousness of the users, to strengthen industry self-regulation, strengthen self-protection aspects to standardize and guide the human search of development.
Keywords/Search Tags:Human flesh search, Rights of privacy, Acts of infringement, Ethical regulation, Legal perfection
PDF Full Text Request
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