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The Research Of Personal Information Rights And Private Law Protection

Posted on:2017-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2296330491455372Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the advent of information technology and continuously updated information society, personal information has gradually become a new kind of social resources, its commercial value has become increasingly prominent phenomenon also led to all kinds of unreasonable use of personal information, the popularity of the network, electronic rising business and e-government is to increase the personal information is collected and channel wanton abuse. At present, the information subject to reasonable compensation for the existence of many difficulties, such as the main body of information in some cases unable to determine violations of their personal information by whom and how it is violated, the rights to increase the difficulty; the current field of private law of personal information protection legislation in special blank, other relevant laws are not suitable for its protection; academics personal information remains the property of questioning and dissenting voices, etc., people’s personal information like dry mistake.Right of personal information is information subject have control over their personal information, control and eliminate the rights of others hinder its has both personality interest and property interest attribute, therefore in violation of the right of personal information tends to bring information main body spirit and double damage to property. But at present our country civil law protection of personal information rights exist in personal information has not been the right, to the right of personal information contains multiple legal interests theory insufficient understanding of scoping, personal information is not clear, personal information rights violated after problems such as difficult to fully relief by tort law. Should determine the right of personal information as soon as possible in the independent position in the civil legislation, breakthrough the limitations of existing system of civil rights and realize the multiple legal interests, the right of personal information to complete the construction of civil law protect the path.
Keywords/Search Tags:Right of personal information, Right of personality, The protection by Private law
PDF Full Text Request
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