Study On Personal Information Protection In The Civil Law Under The Express Real-name

The rapid development of express industry has provided convenience for people's life,and has injected new vitality into the development of China's market economy.But at the same time,there is information security problem in the development of express industry.Especially in the implementation of the real name system,the authenticity of the express personal information has raised the risk of the infringement of the public's personal property,and has revealed the unprecedented concern about the safety of the express personal information.The express personal information is different from the general personal information,which makes the infringement of express personal information different from the general tort,and puts forward new legislative challenges to the protection of express personal information.Because there is no special personal information protection in China,the existing personal information protection legislation is relatively scattered and low level of effectiveness,and the problems of poor operability and identification in the application of the judicature make the express personal information not protected.Therefore,in order to better protect the express personal information,our country urgently needs to introduce a special personal information protection law,and in the process of legislation,the first need to choose the legislative model.The model of American decentralized legislation plus industry self-discipline and the model of unified legislation in Germany have both advantages and disadvantages.Although the German law model shows the advantage of the consistency of legal application in the protection of personal information,it pays too much attention to the interference of public power to the protection of personal information;the decentralized legislation of the American law model is not conducive to the agreement of judicial application.But the protection mode of industry self-discipline focuses on the particularity of personal information,so as to achieve the purpose of legislation.These two models have reference significance to the selection ofChina's legislative model.Therefore,the model of the legislation of individual information legislation in China should be chosen by the mode of unified legislation,and the pattern of self-discipline in the industry.The selection of this model can take into account the generality of personal information protection and the particularity of personal information protection in the industry,and fully realize the economic and social value of the information.Then,in the legislation of personal information protection,the principle of presumption of fault of personal information and the presumption of causation should be applied to the infringement of personal information,and the protection of special laws of express personal information should be perfected.As the express personal information as a new thing,in the process of judicial application,it should also carry out the training of the judicial personnel,improve the business level,and the judicial organs to strengthen the cooperation with the relevant departments to solve the problem of the difficult to identify the evidence of infringement.In addition to legislative and judicial proposals,we need to accelerate the construction of intelligent platform for personal information protection in express delivery,so as to better promote the implementation of express real name system.Finally,the relevant regulatory authorities need to strengthen the supervision of the industry and give full play to the role of the industry association.The express industry should establish the industry credit archives and the express user evaluation mechanism under the guidance of the administrative organs to realize the supervision of the express industry;the citizens should improve their own rights awareness and other suggestions on the express personal information.The protection also plays an indispensable role in achieving the protection of personal information at the same time,and promoting the free circulation and sharing of information.