Jurisprudence Research On Chinese Citizen’ Personal Information Protection System

Today our personal information security problem has become the social hot spot, in recent years China’s theoretical and practical circles have different degrees of on this question research, practical departments also introduced some of the regulatory documents. But for the research and Discussion on this issue, scholars of different areas, different departments and practitioners respectively from the perspective of the field, the Department of unable to operate from a strategically advantageous position of personal information protection of our country launched the comprehensive study. Therefore, the author will from the perspective of jurisprudence, using literature research, value analysis, comparative research methods analysis the concept and characteristic of personal information, multi angle analysis of personal information protection system and the problems existed in our country, personal information protection system noted, and explores ways to improve the personal information protection system in China.This paper consists of introduction, text, conclusion, the text is divided into four parts.The first part discusses the concept of personal information and the status quo of our personal information protection system.. Firstly, the concept of personal information is discriminated, and the personal information and personal information and public power information are distinguished.. Drawing on the United States, Japan and Western Europe personal information for different modes of protection, so as to analyze the argument in our country civil security of personal information protection status, carries on the brief introduction to the information protection system in our country, and points out that the lack of consciousness of the citizen’s right to protection of information, will restrict the degree of role play.The second part is from many angles to examine the citizen’s personal information protection system in China. The author analyzes the personal information security from the perspective of civil rights, social order, public security and the balance of rights.. The protection of personal information is the inherent requirement of the dignity of the personality. Everyone is reluctant to do the transparent person, so protecting the personal information security is the content of the dignity of the citizen. Personal information security is closely related to personal safety and property security. Personal information security plays a vital role in the social order and the public safety.. Protect personal information from many rights conflict, such as the conflict between personal information security and citizen right to know, personal information security and citizen freedom of speech conflict. We need to reconcile these conflicts with the method of balancing the rights of the right.. The method of balancing the rights is actually the method of using the right rank order to measure the interests, and then that a right priority is protected by another right.The third part discusses the problem of the protection of personal information in our country. At present, the value orientation of different regions and industries for personal information protection is not unified.. To construct the perfect personal information protection system must clarify the value orientation. The value orientation is the basis of the system existence, the unification of value orientation is the premise to construct the perfection of our personal information protection system.. At the same time, our personal information protection system is lack of coordination for the value conflict. The protection of personal information is not yet unified, the legal system is not perfect to restrict the development of personal information protection of citizens. At the same time, the legal standard provides the reference for the industry standard, and the lack of legal norm has the influence on the development of the industry standard.. At present, China’s personal information protection needs to improve the legal norms and industry standards.The fourth part discusses the improving route of our citizens’ personal information protection system.. I believe that the value of security, justice and freedom is the right value of the protection system of personal information in China. Different value orientation on behalf of the personal information protection system to measure the different social demands and value conflict is inevitable, we must use value balance method to weaken the value conflict, the optimization to protect the security of personal information. The promulgation of "personal information protection law" an important measure of the comprehensive protection of personal information, in order to adapt to the development of social economy in our country, the current China has to develop the social conditions of single security of personal information protection law, formulated and promulgated the law on protection of personal information is the needs of the times, due to the current our country has not yet promulgated the law on the protection of personal information, so a lot of violation of personal information security and other associated social problems has not been able to be resolved completely. Of course not the promulgation and implementation of "personal information protection law", all the problems can be solved. We must actively improve the industry self-regulation norms, industry norms can play professional advantages, in their own areas to build the industry features of personal information protection standards. The development of industry standard will provide reference for legislation and reference, compared with legislation, the convenience of industry standard can also adapt to the development of society in time.To sum up, the paper is from the perspective of jurisprudence research construction of perfect our country’s personal information protection system, author demonstrates that the personal information security importance from the point of view of civil rights, social order and public security and the right balance, to make clear the perfect system of personal information protection. From the value orientation, the legal norm and the industry standard analysis system existence question, proposed the consummation strategy. I hope that through this writing can provide some reference for the research of our personal information protection system..