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Study On Legal Liability Of Network News Infringement To Privacy

Posted on:2017-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q NingFull Text:PDF
GTID:2296330485963760Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s society, network has become an important way of people to learn what’s going on in the word. As long as you have a mobile devices connected to the Internet, different types of news and information can be easily gotten. Through the medium of network transmission, the audience can get the most fresh and vivid news and information in the first place. The appearance of different kinds of information issuing platforms such as micro blog, forum, WeChat, which make everyone has the ability to become a journalist and write his own news. However, network is a double-edged sword. Although network news bring us full freedom of speech, the infringement of privacy issues become even more violent. With the continuous development of the process of our socialist legal system, citizen’s right consciousness and the consciousness has greatly improved. In the face of personal privacy by network news on infringement, we need take legal weapon to safeguard the legitimate rights and interests on oneself. But the network news infringement of privacy law in our country is not clear. So it can not act as a powerful weapon when our privacy rights are violated. It states that law imperfect filed at the legislative level of network news infringement right of privacy exists disputes and problems. Therefore, it is necessary to research of network news infringement right of privacy.Academic research of traditional news infringement right of privacy is relatively full. Although network news belongs to the news, it has its own characteristics because of the various happening field. So the existing research results can not be suitably applied to network news. In order to defend the right of the victims, the definition of what kind of behavior constitutes violations of the right of privacy of network news must be clear. Only after making a clear judgment of whether a behavior constitutes violations of the right of privacy of network news, the responsibility can be discussed. During the research, the existing research results are not completely pointless. Comparing with the traditional news, we can not only make a definition of what is the network news infringement of privacy, but also highlight the characteristics of network news infringement of privacy. The network characteristic, for example, virtual, interaction and technical, which makes it different between network news and traditional news of the infringement to privacy. Its main performance at the transmitting vector, infringement subjects, behavior, objects and consequences. In addition, because of privacy violations occurred in the network, so as to extend the network right of privacy, it led to have not only the personal property of the traditional right of privacy but also the property attributes.This paper takes two privacy infringement case introduction, discussed what is the network news, and what is the network right of privacy as well as the characteristics of the network news infringement of privacy, thus revealing the connotation of the violations of the right of privacy of network news. According to the regulation of state responsibility, combined with the characteristics of network news infringement of privacy to clear the elements of network news infringement to privacy in the specific content, and join the network news encroaching on a comparative study, the difference between both of the differences in responsibility, clear the responsibility of the network news infringement of privacy. Network news subject widely involved, including the general Internet users and the network service provider. These two kinds of main body in the way of responsibility and imputation principle are different. Even if the ace constitutes a tort, as long as have the liability for tort liability can also be reduced or remitted. Network news infringement of privacy can apply the exemption of traditional news infringement and it also has its own exemptions.
Keywords/Search Tags:network news, network privacy, constitutive requirements of liability, legal liability, exemptions
PDF Full Text Request
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