Analysis Of Network Infringement In The Era Of Big Data

With the rapid development of Internet technology,the problem of network infringement is becoming increasingly acute,especially in the context of the "big data" era,the protection of personal information and privacy has become a focus of attention.The problem of network infringement is characterized by complicated infringing subjects,relatively infringing behaviors,serious consequences of infringement damage,and extensive rights and interests.It needs to be regulated from various aspects such as legislation,justice,and network environment construction.Therefore,in order to explore the countermeasures to deal with the problem of network infringement in the era of big data,this article analyzes from the following perspectives:First,clarify the concept and characteristics of online infringement in the era of big data.Regarding the concept of online infringement,China has no clear definition.Most academics believe that online infringement refers to all infringements that occur in the online environment.Clarifying the concept of online infringement helps to analyze its characteristics and types more specifically,so as to better regulate online infringement.Through the discussion of the concept and characteristics of the network infringement problem in the era of big data,the classification of the network infringement problem is further elaborated,so that the network infringement problem is more clear and thorough.Second,analyze the current status of Internet infringement issues in the era of big data,and further discover the deficiencies in the process of regulating Internet infringement in China.Starting with legislation,on the basis of discussing the legislative model adopted by China for online infringements,an analysis of China 's relevant legislation reveals that there are still some shortcomings in the process of regulating online infringement in China 's existing legislation.Laws and regulations have been improved and refined.Secondly,through the analysis of the content of the network infringement subject,the liability principle of the network infringement liability,the way of responsibility and the relief of the right holder,it is found that there are unclear definition of the subject,difficulty in dividing the responsibility,and difficulty in infringement damage when regulating the network tort Problems such as quantification and difficulty in seeking relief from right holders.Thirdly,the legislative model of extraterritorial network infringement is of reference significance to China.By outside of the United States,Japan,the European Union legislation analysis,sum up experience,from fine to coarse,the legislation of the bright spot of local conditions into our country's legislative measures,specific as follows: draw lessons from the millennium act of the United States,a ministry of "notification rules" and the principle of "safe haven" more complete detailed provisions,special laws;Drawing on the legislation model of Japan,the concept of the subject of network infringement is determined by law,and the rules of infringement identification and duty of care are stipulated respectively.Draw lessons from the European Union legislation pattern,to prevent infringement of the technical means in the form of legislation to clear,to encourage research and development of the technology of tort and use.Fourth,on the basis of summarizing the above theories,put forward targeted countermeasures to the problems existing at this stage.Specifically: 1.Clearly define the main body of online infringement;2.Clearly determine the principle of liability for online infringement;3.Clearly specify the method of responsibility;finally put forward the prospect of legislation on future network infringement in China.This article hopes to provide a trace of help for China's response to the challenges of the big data era and the security and development of future network technologies through the study of the infringement problems in China's big data era,hoping that our country can establish a set of efficient and reasonable,based on law,The network infringement legal governance system with strong operability and remarkable governance effect.