The Theory Of Information Property Rights And The Protection Of Civil Law

The arrival of the information age brings not only the prosperity of the information economy,but also the challenge to the construction of the legal system.Along with the progress and development of network technology,information transmission between people also began to slowly transition to the network,it's for the legal system of protection of information products has brought more new challenges.Increasing the economic value of information goods,people rushed to grasp of it is also more fierce,legal disputes about information products is increasing,the lack of legal system.Network technology and information technology more developed countries begin for the domestic legislation of information property disputes,in order to protect the information product,but different countries adopt protective mode is not the same,each country according to the characteristics of the era of combining the actual conditions of their own country to choose suitable for their own protection mode.China is currently at the critical juncture of civil code,and the rules on information products are one of the more important and prologue.When information property related disputes in practice at present is still the main legal basis of civil law system of the department such as contract law,tort law,intellectual property law,obviously this is incomplete,inadequate protection form exists many problems.It is based on this background that the legal issues related to information products should be well studied by the theoretic community.Information in practice by people gradually realize the value of property,it has on the basis of,the complete process,its property information property after meet requirements of its property,has become an independent right to need,what about the nature of individual empowerment to protect information assets,with the traditional property rights,intellectual property rights has certain difference,on this basis,the author thinks that,information property is a new property rights system to protect object,information property right is an independent new rights,cannot delimit the existing protection in the field of law.On the analysis of China's current civil legislation system of information property protection present situation,found that the existing protection in China in a decentralized state,prone to cross protection,some western developed countries in information product protection have separate legislation,its advanced individual empowerment of legal protection is worth for reference in our country in future legislation.On the basis of the above theoretical analysis the author thinks that the improvement of the civil law protection of property rights for Chinese information idea has the following several aspects: patent property rights,the information in the private law as the center to develop information property right protection,in this independent legislation to clarify the information property and content and the relationship between the intellectual property,and to expand the scope of protection of information property.The existing legal system has not been able to comprehensive protection,so we have to comply with the historical trend and grasp the leading edge,to individual empowerment protection of information product,but we can't,on the study of the national protected mode at the same time,also deal with the reference of foreign advanced legislation,take the essence and discard the dregs.