Analysis On Human Flesh Search Case In The Perspective Of Tort Liability Law

With the continuous development of high technology,the Internet gradually integrated into all aspects of people's lives.Although its rapid development and vast amounts of information bring convenience for people,it also brings the Internet management safety hidden danger."Human flesh search" is a new generation of nouns appearing on the Internet.It is a spontaneous public opinion supervision mechanism of maintaining social justice and moral law,but bring some infringement issues,in particular poses a threat to personal privacy.Disclosure of related information of the parties on the network,which caused the"human flesh search" situation,whether belonging to infringing on privacy behavior,there is currently disagreement on this issue,However,to define whether citizen's personal information is a matter of personal privacy,should be based on the public interest and whether taking the law as a precondition,for ordinary citizens and public figures should also be distinguished.The features of network behavior also showing a diversity of infringing manner in human flesh search events.Therefore,subject to infringement is usually not a single subject.In the "human flesh search",the main players involved in the infringement are network Information originators,network information followers and Internet service providers.Different infringement subjects due to their different fault determination principle.Network Information originator issued on the matter involving other people's interest in the content,resulting in a wide range of communication and debate,caused by search people life and work troubles,then it is infringing.If network information follower based on the facts,there has been someone who slander others personality with intense written words,have already infringe the personal rights of reputation,need to assume the tort liability.If the network service providers clearly know the infringement but turn a deaf ear to instead of taking the necessary measures,it is also omission infringement to the parties.The network service providers need to assume responsibility for infringement of privacy.After clearly knowing different subjects of the network tort liability,by expanding the scope of privacy and the protection of rights,improving the compensation of right of privacy torts,depriving the network illegal income and strengthening oversight of the web,it will better avoid "human flesh search" side of infringement of civil rights,which can be used by the community.