Research On Civil Law Protection Of Personal Information

As an important modern social resource,personal information is playing a huge role in promoting the development of society.With the development of internet.t,personal information has become the core of the Internet,and is widely used.For example,people send or receive express,and publish network micro-blog.The personal information is creating convenience for people,however,its security is also facing risks.In real life,some of the personal information is being sold illegally,and some sales,fraud phone makes people angry.Since China has not yet introduced relevant laws,the protection of personal information needs to be paid attention to.Because the civil law is the most close to the real life.The first part mainly described the concept,nature,attribute and content of personal information.The second part mainly explored the legislative situation of the personal information between the common law system and the continental law system,and gave the enlightenment to our country's legislation.The third part mainly analyzed the current situation of the protection of personal information in our country.Comparing the personal information protection law from the existing criminal law,administrative law and civil law,we can point out the weakness in the protection of personal information and the necessity of perfecting the civil law protection of personal information in china.The fourth part mainly analyzed the shortcomings of the personal information in china's protection of civil law.Studying the analysis of the constituent elements of the tort liability,imputation principle,exemption,commitment,we can clear the deficiencies in the civil law protection of personal information in our country,and get the conclusion of existing civil law in our country lack tort liability.In the fifth part,on the basis of the study of the civil law protection of personal information,the author thought about the problems existing in the civil law protection of personal information.First of all,China urgently needs to develop the "personal information protection law".Secondly,the civil liability for infringement of the right of personal information is clearly defined.Finally,the author put forward it's own legislative ideas from the aspect of the burden of proof and the scope of strictly limiting the scope of exemption.I hope can have some reference significance to our country civil law system consummation.