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Research On Personal Information Protection From The Perspective Of "General Principles Of Civil Law"

Posted on:2020-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:H J HuangFull Text:PDF
GTID:2416330602458965Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of information and data processing technology,the world has entered the era of big data,and data has become an important driving force for economic development.Driven by the need for normal work and economic interests,governments,enterprises and individuals will collect large amounts of citizens' personal information in different ways for various reasons,which in turn will lead to a large number of information disclosure incidents,often causing major losses to the state,enterprises and citizens.loss.In this context,many legal scholars began to carry out research work to protect citizens' personal information.In 2017,the General Principles of the Civil Law of the People's Republic of China(hereinafter referred to as the "General Principles of Civil Law")was promulgated.In order to comply with the needs of social development,the Law established the protection of citizens' personal information in Article 111,but there are still many things to be considered and perfected.At the office.Based on the provisions of the General Principles of Civil Law,this paper explores and studies the protection of citizens' personal information through five parts.The first part mainly expounds that in the current era,with the gradual increase of the economic value of personal information,the phenomenon of personal information infringement has become more and more serious.The introduction of Article 111 of the General Principles of Civil Law establishes the protection of personal information in the field of private law.Taking this as a background to carry out research on personal information protection,through consulting a large number of Chinese and foreign literatures,analyzing the advantages and disadvantages of each doctrine,and proposing their own views.The second part first summarizes the main points of each doctrine by consulting a large amount of literature and China's legislative jurisprudence,comparing the right to personal information with the right to privacy,clarifying the scope of personal information protection,and specifically analyzing the new challenges facing China's personal information protection in the current era Discusses the significance and value of conducting research on personal information protection from the perspective of General Principles of Civil Law.The third part combines the current legal provisions of China,introduces the formation process of Article 111 of the General Principles of Civil Law,evaluates the content of Article 111,affirms its progress,and points out that it still has many shortcomings,and lists the 111th.The status quo of judicial application after the promulgation of the article points out the problems in the personal information protection system in China.The fourth part evaluates the current relevant provisions in China and draws on the experience of extraterritorial legal system.From the perspective of the General Principles of Civil Law,the third part reviews the current status of China's legislation and the provisions of the General Principles of Civil Law,and provides personal information for China The protection system is perfected and reasonable suggestions are put forward,including the reference to foreign personal information protection legislative experience,legislative suggestions on personal information protection from the perspective of the General Principles of Civil Law,the establishment and improvement of a personal information protection system,and the rational use of personal information.
Keywords/Search Tags:General principles of civil law, Personal information, Legal protection
PDF Full Text Request
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