Civil Law Protection Of Personal Information

Personal information is closely related to everyone’s life.Its most special feature is the dual attributes of personal rights and property rights.Because of its own value,many people strive to obtain it.Even some people collect and buy and sell personal information through improper ways,and eventually lead to violations of personal information,personality and wealth.The two pairs of losses have caused serious damage to the citizens’ own life security and interests.Therefore,the protection of personal information has become one of the key problems that need to be solved in the current judicial practice.However,in China’s judicial practice at this stage,the protection of personal information has not yet formed a perfect pre event prevention and post relief system.In the specific operation,there is a lack of special legal provisions for the protection of personal information."Personal information protection law" is still in the stage of formulation,"personal information right" in the system of civil legal rights.It is not directly stipulated that the protection of personal information is mostly scattered in different legal provisions,especially in the constitution as well as in the relevant civil and criminal laws.According to the present situation of the personal information crisis,the personal information of the natural person needs to be standardized and protected by civil law.The system of organic combination in three aspects,civil,administrative and criminal,should be dealt with by civil law,and the second levels need public power intervention,that is,administrative law,through temporary deduction or suspension.Selling licenses,administrative penalties and other means to protect personal information.When the deterrent or administrative ability of administrative law is not enough,it enters the third level--criminal law.In this way,the criminal law can not punish ordinary violations of personal information rights.For example,the use of mobile phone or e-mail and other communications equipment to send advertising information,this is indeed a violation of personal information,but not enough to punish by criminal law.If the criminal law is convicted,it will impede the rational and free circulation of personal information,thus restricting the healthy development of the market economy.Through the intervention of public power,the protection of personal information through criminal law or administrative law is not comprehensive.Based on this,I believe that the protection of personal information in China should first be strengthened in theoretical research,gradually establish "personal informationright",and improve the protection of personal information in civil law,improve the breach of personal information and tort liability,and effectively solve the problems of personal information security.In this context,the article first defines and explains the meaning and characteristics of personal information.Then,starting with the status of personal information protection in China,this paper analyzes the existing problems of personal information protection.Through the analysis of the relevant legislative issues of foreign countries,it puts forward the experience that our country can learn from,and finally,the last part of this paper is to put forward the experience of our country.It puts forward legislative proposals to improve the protection of personal information in civil law.Specifically,apart from the introduction and conclusion,the article is divided into the following contents:The second chapter is the theoretical research on the protection of personal information in civil law.In the present stage,a large number of related cases of personal information infringement have appeared in the practice,which leads to the serious disclosure of personal information.However,the concept of personal information has always been controversial in practice.Especially after comparing personal information with personal privacy and personal data,the cognition of personal information is even more inadequate.Therefore,this section defines the meaning of personal information,and compares it with the right of privacy,personal data and so on,and puts forward the differences between the two,and pave the way for the later research.The third chapter is the present situation and existing problems of the protection of personal information civil law.This part analyzes the current legislative status of the protection of personal information by the general principles of civil law,tort liability law and other relevant laws at the present stage,and then analyzes the existing problems in the protection of personal information in China through the analysis of the above legislation,mainly including legislation.It is not perfect in the aspects of relief and so on.The fourth chapter is the mode of extraterritorial legislation and the enlightenment to our country.It mainly analyzes the relevant legislation of the civil law countries and the common law countries,and makes an analysis of the national legislation mentioned above,and puts forward the experience that we can draw on.The fifth chapter is to improve the legislation of the civil law protection of personal information in our country.It mainly aims at the existing problems in the protection of personal information in our country,and puts forward some legislative proposals toimprove the protection of personal information in China from the aspects of perfecting the legal provisions and improving the remedy ways,so as to pass through our own research and provide the personal information of our country.The research on the protection of civil law contributes a little bit.