The Research On Personal Information Infringement Under The Network Environment

With the progress of the Internet era,our people cannot live without the Internet.At the same time,the leaked,abused,bought and sold and other infringement phenomena of personal information are becoming more and more fiercely.The individual rights and tranquilities infringed greatly.However,China's civil law does not define personal information as a right,and the tort liability law as a relief law,does not have the function of confirming the right.The existing regulations on personal information are only on the principle of comparison,but without the regulations on the subject of information,constitutive elements and principle of imputation.In this thesis,the existence of personal information with unclear ownership problems under the infringement of personal information are studied.It demonstrates the differences between personal information right,privacy object theory,property and object right theory,and other relevant theories.Furthermore,it makes clear that personal information should protect as an independent personality right in China's civil law,and put forward some problems in personal information protection in China,as scattered legislation,single attribution principle,difficulty in burden of proof and low cost of violation.In addition,through deeply discussion and comparison under the network environment between the problems of personal information tort components,the principle of liability and responsibility.We demonstrate the ways of stopping infringement,apologies and compensate for damages in our country.This thesis puts forward the principle of multiple imputation and the view of increasing damages,through studying and analyzing of relevant laws and regulations outside the region.Finally,based on the research and analysis of the previously three parts,the paper suggestions on the four aspects of improvement of the properties of personal information right,principle of attribution,burden of proof and punitive compensation system.Besides,the author puts forward the view of protection of personal information should carry out in parallel with national regulatory authorities and industry self-discipline.The last but not least,we propose that should be hold with people-oriented,to protect citizens' personal information will not be abused and invasion at the same time,strengthen information circulation,promote the rational utilization of personal information,the national information industry and Internet industry in the healthy concept of sustainable development.