Research On The Tort Liability Of The Personal Information Right

In recent years, all kinds of violations of personal information events often found in newspapers.It not only seriously disturbed people’s normal life order, but also seriously impact to social stability and the healthy development of the economy.Compared with outside countries and regions,the study of personal information protection in China started late, and has not yet issued a special law to protect personal information.Due to the shortage of the existing legal protection in China, thus the legitimate rights and interests of information subjects always can not get effective remedy.Based on the present situation, after I in reference to domestic and international relevant theoretical research and legislative practice, I think the feasible method is should first establish a right of personal information on civil law of our country, and then by protecting this right to indirectly realize the protection of personal information.This article is mainly from the three chapters to discuss some of the issues of personal information rights of the tort law protection.The first chapter mainly discusses the concept,legal nature and other theoretical issues of personal information and personal information right, designed to help us understand the personal information and personal information right, lays the foundation for the back of the paper.The second chapter mainly discusses the necessary and feasibility of establish the right of personal information in our country, to illustrate that our country has been able to also have conditions establish personal information rights in civil law of our country in the current.The third chapter mainly to discusses the cognizance of the tort and the principle of imputation,the type of the tort and methods of assuming liability the right of personal information of the related questions, designed to help information subject to understand the relief way of substantive law.The discussion of the last two chapter of this essay is based on our country has established the right of personal information.