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On The Administrative Law Protection Of Privacy Right In The Internet Era

Posted on:2020-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuangFull Text:PDF
GTID:2416330572494375Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of science and technology,network tools occupy more and more important position in people's life,along with it,the protection of privacy rights in the network era has also entered the perspective of researchers.Network privacy as the extension of traditional privacy in cyberspace,although it has the characteristics of traditional privacy,but still has its own characteristics.The protection of traditional privacy right and the relief of rights are mainly adjusted by private law.However,the protection of privacy right in cyberspace is based on the speciality,complexity,public nature of network tools,the maintenance of cyberspace order,the protection of civil rights and so on,which provides the necessity for administrative law to intervene in the protection of network privacy in the way of public law.Facing the new problems of Internet space privacy leakage and frequent infringement,although the private law protection based on civil law has made some achievements,there are still objective inadequacies.Under the background of the new era,it is the general trend to put forward the system construction of administrative law for the Protection of network privacy.Taking the network era as the background,this paper divides the administrative law protection of privacy into four parts to discuss:The first part: the network to the impact of the right of privacy.The development of the network for changes in the basic theory of traditional right to privacy.On the one hand to the right of privacy,the basic theory of network privacy is analyzed,the connotation and characteristics of network privacy.Some network privacy violation happened the other side based on the current problems,summed up the two main manifestation of Internet privacy infringement.The second part: the dilemma of privacy protection in the network era.This paper analyzes the present situation of the protection of privacy protection from two aspects of establishing right and right of relief.This paper points out four kinds of predicaments encountered by network Privacy protection: first,the protection of traditional privacy rights can not meet the new needs of network privacy protection;second,the lack of special legislation on privacy protection,resulting in the protection of privacy provisions scattered in different laws and regulations,can not form a systematic legal protection system;third,The absence of specialized regulatory subjects has resulted in the occurrence of water treatment in Kowloon,and the other is that citizens ' sense of network security is not high,and the source of private producers,such as their privacy information,is handled at will.The third part: the network age privacy protection,the feasibility of administrative law.The comparison of administrative law and civil law protection of network privacy,summarize the difference between the two.As a breakthrough point to analyze the network era of privacy protection,the necessity of administrative law.The fourth part: the administrative law system construction of network privacy.First is the administrative law protection of network privacy principle and way;Second,formulate administrative rules and regulations of network privacy protection,strengthen the administrative law enforcement.Again,perfect the supervision mechanism.The administrative publicity to improve the security of network information privacy.
Keywords/Search Tags:the right to privacy, Network privacy, Administrative law protection
PDF Full Text Request
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