The Theory Of The Personal Information Protection Of Civil Law In Our Country

With the rapid development of information society,the personal information as a scarce social resources plays a more important role, but some criminals subverted, regardless of the legitimate rights and interests of others, resolutely to others personal information as a commodity to be illegal trade, seriously violated the information main body personality interests and property interests. With the development of society and economy, the right of personal information that infringes on another person's situation, but also showing a growing trend, many striking social problem. Therefore, actively explore personal information rights legislation protection way is imminent. To this, some developed countries have issued special protection of personal information, effectively protect the legitimate interests of the citizens.Right of personal information is information subject to the personal information in accordance with the law has dominate, control and eliminate others abuse of rights, its carrying information main body personality interests and property, directly related to personal dignity and freedom. It is different from the traditional passive, defensive, privacy, also with the name, the right of portrait, reputation or other specific personality right has a huge difference. However, under the existing legal framework in China, almost no a complete civil law to respond positively to the protection of the right of personal information. Primarily, the judicial practice also name, portrait, privacy and dignity is closely related to the direct personal information is protected. In the legislation and practice about the shortage of the right of personal information protection become promoted the real reason of personal information rights law building.Based on the analysis of the basic theory of personal information rights, on the basis of combination with the current legislation in China, to the right of personal information protection, the essay discusses the exploration of civil law. First, this paper discusses the definition and legal characteristics of personal information, put forward the essential characteristics of right of personal information is in the state of personal information of effective control, discusses the meaning of personal information rights and rights structure, clear information subject to the personal information personal information shall enjoy the right to self-determination, personal information management and remuneration, analysis of personal information right and the civil legal relation is analyzed. Secondly, based on tort liability law related regulations in China, analyzing the characteristics of the infringement of personal information, elements and responsibility legislative cases and combined with relevant countries to explore how to implement effective relief for infringement of personal information, this should be the civil liability of the clear violations of the right of personal information. Finally, in the overall legislative situation about the right of personal information protection in China, on the basis of the construction of right of personal information protection in China related legislative proposals are put forward.