Research On The Personal Information Protection In The Civil Law

In modern society, the leap of the Internet technology has led to personal information security problems gradually be attended, especially impinging personal information on net has become an important problem that cannot be ignored in the society. Personal information appellation and definitionis various in different countries and regions. And the way they used to define is different.Based on different national conditions, it is different of the nature of perception national laws about personal information, and the point of view has ownership, and privacy and personality rights. The use of different legislative models, including the United States, EU and Japan represent the dispersion legislation, harmonization of legislation and compromise formula of legislative mode. There are a number of issues of personal information protection in the civil law in our country. Personal information have a risk from the information collection, information use and information management. The relevant laws and regulations is fragment and scattered. The rights and remedies of information subjects provision is not perfect and the lack of monitoring mechanisms. In our country, while improving protection of personal information in the civil law,we should learn from other countries and regions on China’s national conditions to establish protection mechanisms for national.This paper is committed to balancing the protection of information and circulation of information to analysis and complex personal information in literature research. This paper is divided into three parts. The first part analyzes the basic theory of personal information, to discuss the concept, features and the important of protection of personal information in the civil law. The second part introduces the personal information protection in European Union, Germany, the United States, Japan and Taiwan of China. There are introduced the concept of legislation, model legislation and the main content of the legislation. According to a comprehensive analysis, we put forward what beneficial experience our country can absorbed about legislative value orientation,model legislation, rights of information subjects and legal responsibility. The third part introduces something about our country. Firstly we summarize the risk of personal information in practice faced, and analyze the reasons. Secondly there are discussions of civil protection, includinglegislation, judicial interpretation. And there are details at the current situation and development of our country. Again, we summarize the difficulties facing our country. The information subjects are lacking of the protected concept of information. There is inconsistent legislative mode, and the right of the subjects is imperfect, and relief mechanisms. Finally, according to the plights, we improve the civil protection mechanism to achieve convergence of criminal and administrative law effect, so that there will be formed a complete system of the personal information protection mechanism in China.