| On March 4,2019,the Second Session of the 13 th National People's Congress proposed that in the next two to three years,the state will vigorously strengthen research and legislative work on personal information protection,support academic research,improve legislative standards,and improve the legal framework system.Strive for special legislation to be launched early.Judging from the news released by the spokespersons of the two conferences,the state attaches great importance to the protection of personal information than before,and the legal thinking is clearer,and the pace of construction of the law-abiding and law-abiding countries is accelerating.In fact,from 2009,the Chinese Academy of Social Sciences released the "Blue Book of the Rule of Law" to this year's personal information legislation into the legislative plan,which illustrates the promotion of the national consciousness of the rule of law and the vigorous advancement of the rule of law society.Of course,we should also understand that the current session of the National People's Congress is still about three years old,and the personal information protection legislation is still in its infancy,although it is included in the current legislative plan,and it does not mention the protection of personal information at the administrative law level.Measures,there are still many problems that we need to explore and solve in this.We have to work together and brainstorm in the process of drafting the Personal Information Protection Law,and strive to make the personal information protection law appear in front of the world in a near-perfect state,especially important.It is to make personal information protection have a relatively complete protection mechanism at the administrative law level.In the 21 st century,where data information is complicated and information speed is growing,information has become a "voucher" in the digital economy era.From the perspective of legal control,information is an important part of the achievement oflaw.The legal reform is a kind of information reform and change,but at the same time the information itself needs legal protection and supervision.The progress of society makes us unable to Neglecting the importance of information,but the frequent occurrence of information disclosure cases force the social and administrative agencies to comprehensively and effectively protect information and create a legal mechanism for information protection.For citizens,most of them do not have the concept of protecting personal information,and the influence of various power organs makes the protection of personal information worrying.From the point of view of this article,it starts from the management status of the administrative organs and enterprises and the normal situation of information processing,analyzes the manifestations of the violation of personal information,and the supervision and relief in the process of processing personal information,indicating the level of administrative law.Strengthen the importance of personal information protection.In the current process of law making,judicial practice and administrative law enforcement in China,the progress and development achieved are undeniable,but there are also some unsatisfactory places,such as the disconnection between legal provisions and social reality,and the reality in judicial practice.Unreasonable considerations and unreasonable irrationalities in the process of administrative law enforcement.Therefore,in the protection of personal information,we must strengthen the all-round way from top to bottom,from the state to the grassroots level,from the legislative department to the government department,from the institution to the individual,enhance the service awareness and legal awareness of the administrative organs,and promote the efficiency revolution.Speed ??up development.On the other hand,it is necessary to raise the awareness of the protection of the rights and interests of the whole society and the promotion of the legal system.This article describes the following aspects:First,from the existing theory,the definition and characteristics of personal information are expounded.The historical development of personal information and the current legal provisions are simply sorted out.Through the analysis of the main content of personal information rights,many legal provisions are expounded.Themain role and normative effects reveal the protection of the international community.At the same time,it analyzes the status of personal information protection between various legal departments at the present stage in China,as well as combing relevant cases in judicial practice,emphasizing the use of administrative means to prevent information violations from continuing and further protecting personal information rights.Secondly,from the perspective of administrative law,it analyzes the shortcomings of personal information protection in China at present,and comprehensively studies the relevant research theories,and focuses on the necessity of administrative law protection.From the perspective of legislation and specific implementation,it expounds the status of personal information rights in China and the manifestation of the violation of personal information by administrative agencies and non-administrative organs in China and how to protect the law.At the same time,it also lists the problems existing in the current law.Thirdly,it analyzes the status quo of foreign personal information legislation and supervision,refines the research viewpoints of European and American countries on this topic,expounds the legal implementation mode and protection status of other countries,and draws on the advanced experience and effective means of other countries to promote The development of personal information protection in China has realistically imitated the practice of administrative law regulation in other countries and strengthened administrative law control.Fourth,through the reference to the advanced thoughts of other countries and the summary of China's current state,combined with the problems listed in the third chapter,put forward relevant solutions,improve the concept,introduce special laws,and establish a personal information database of the administrative organs.Strengthen the construction of the licensing system for personal information and the supervision of administrative laws,and at the same time improve the infringement relief system after the personal information is victimized.In short,China is currently in a period of rapid development.The socialist rule of law needs to continue to develop.Therefore,the protection of personal informationfrom the perspective of administrative law is also the proper meaning of socialist rule of law.It needs to be adhered to and improved.Conducive to the development of our country,we can better coordinate the relationship between personal information circulation and personal information protection. |
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