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Research On The Legal Protection Of Consumer Personal Information Rights

Posted on:2018-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:H TangFull Text:PDF
GTID:2356330515979522Subject:Law
Abstract/Summary:PDF Full Text Request
With the recent rapid development of computer technology,people entered the information era,the traditional consumption mode page developed gradually,sharp network era ushered in the chapter,"taobao","overseas online shopping" and other popular vocabulary in the sights of everyone.And the use of fine individual consumers of information,which in turn has a direction to provide service become a new mode of many operators.Thus appeared a lot of consumer personal information rights infringement cases,the serious influence the personal life of consumers,also had a huge impact on the market economy.Peace in order to protect the legitimate rights and interests of consumers and stable life order,our country existing law related to consumers' right to personal information,including2014 new modified "consumer rights and interests protects a law" on its content more comprehensive supplementary provisions,also clearly puts forward the concept of consumer right of personal information,on this basis,the new "elimination" to the operator's responsibility is more specific and detailed rules,the developed detailed business obligations and tort way of punishment.Is,unfortunately,a study on the legal system in China is relatively backward,so the current law does not provide adequate protection for consumers,nor about the cases of infringement of personal information to provide legal basis for consumer,so the reform of legal system in China is urgently needed.In this article,based on the research of the general legal regulations,social case disputed point analysis,combining with the relevant regulations,the countries outside of the current legal system in China is put forward: first,in this paper,the right of personal information to consumer concept,characteristics,basic theory and basic problems such as discussed and defined;Second,consumer right of personal information protection in the new situation facing the new challenge,according to the theory of consumers' rights and interests theory at home and abroad,to lay the foundation for it.For below paper will provide the legal basis,to lay the article overall context.Then,according to our country civil law,criminal law,administrative law and so on various sectors of consumer right of personal information protection laws and regulations,we discuss decomposition rules to find the main problems of current legal system is not perfect,alignment with source,aiming at the key to solve the problem,suit the remedy to the case,build effective legal system,in order to protect consumers' personal information right to find a new breakthrough.And then to foreign consumers of the legal protection of personal information rights overview and evaluation,based on the research of the foreign law,explore how to construct the legal system,take,director of the foreign legal system,combining with the reality of our country,has the choice of using for reference.The last major on the basis of above research,put forward in accordance with the reality of our country consumer personal ideas and Suggestions to protect the right of information law,namely four aspects including legislation,judicature,law enforcement,law-abiding,let the consumer right of personal information to get the perfect legal protection.Under the new situation,it is necessary to conduct legal protection of right of personal information to consumer,also accord with the direction of world trend.Although because of the advanced science and technology has brought a variety of barrier,the perfection of legal system in China is facing a huge challenge,but as long as there is more to cater to the historical development track of legislation,together with all departments actively cooperate with,infringement problems will be readily solved in social life.Perfect legal system,will be conducive to the rapid development of China's economic life,the law for the construction of the whole system and promoting the development of the whole social stability.
Keywords/Search Tags:The Personal Information of Consumers, Legal Protection, Personal Information Protection and Infringement
PDF Full Text Request
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