Comment On Ren Mou And Baidu Dispute Over Personal Rights

In recent years,with the emphasis on personal information protection,more and more people for personal information public,spread with more requirements and relevant information for their own rights and interests of the infringement,making there are more and more such rights cases,however,due to the presentation of personal information and communication and traditional way of violation of human dignity is different,so the court,in the judgment easily fits all rejected,as some v.baidu company personality right dispute is so so,through the discussion of the author of the case,you can see,judge the case for such cases in the form of rejection,is not advisable to act that way.This paper will be in the form of case analysis,through four parts,for the problem relating to this case and generalization in the similar problems in the judicial practice.The first part of the study is to study the backshadow,the purpose and the meaning of the research,and the research method.The second part is to the plaintiff as a dispute and the dispute between the accused baidu and focus were analyzed,and through a summary the following four focus of dispute:one is whether the names of the plaintiffs claim rights should be protectedThe second is whether the claims of the plaintiffs claims should be protected,and the third is whether the right to be forgotten should be protected,and the four is the starting time for the plaintiff to claim protection.Through this kind of induction,it is convenient to understand the whole case and then analyze it easily.The third part is the analysis of the focus of the case,which analyzes the author's opinion that the rights of the plaintiff should not be protected.The plaintiff s reputation due to the fact that the plaintiff's reputation is received the infringement and satisfy the infringement of the four elements,so the author thinks that shall support the aspirations of the plaintiff for the reputation.For forgotten rights can be protected,because our country is not yet clear for such rights law,therefore,should be looking for existing legal provisions of its legal principle and purpose,on this basis,carries on the applicable law.To balance the rights of the conflict,even at the same time also to the important condition of the defendant can bear the responsibility,the defendant when received notice,how to determine the defendant should bear the rights.The fourth part is about whether the rights of the plaintiffs claim shall be protected,for shall protect the right of reputation,the forgotten,what protection should be provided,in the process of protection,the rights conflict,should be how to weigh the two rights,sets forth different according to different problems.Finally,I find out how to judge the judgment in this case and how it should be judged in similar cases.