Research On The Infringement Of Personality Right In Network Environment

Personality right is one of the most important role in social life rights,the system of personality right in civil law system is always the key point of the research,it tends to protect the main body of the most basic rights with the emergence of the Internet,the network personality right infringement phenomenon has become extremely common network secretiveness,in practice it is hard to identified infringement main body status has also across time and space,once the implementation under the network environment tort,such as infringement of reputation of others privacy,the damage caused by the consequences are very serious,therefore,people should attach importance to the protection of personality right under the network environment,this is the important research topics of each law scholars.Compared with the traditional right of personality,the identification of infringement of personality right under the network environment has its uniqueness.It is possible to analyze the identification of infringement of privacy,portrait right,reputation right and name right in detail from the four aspects of infringement,damage fact,causal relationship and subjective fault.And introduce its concept,characteristic,tort form;At present,in our country to solve the problem of infringement of personal right in the network environment can only apply the relevant provisions of traditional personal right,but the complexity of the network determines that the existing law can not fully and effectively protect the personal right in the network environment.There is no unified tort system of personality right under the network environment in the existing laws of our country,and the remedy system of network personality right is not perfect.Moreover,the effectiveness of relevant legal system of network tort is low and lags behind.However,western countries have relatively perfect systems for the protection of personality right in the network environment.For example,the industry self-discipline system in the United States,the protection mode regulated by European law and the compromise protection mode in Japan can be used as a reference for the establishment and improvement of the protection system of personality right in the network environment in China.To perfect the tort system of personality right under the network environment of our country,we need to make specific provisions from the aspects of legislation,judicature and administration For example,in terms of legislation,we should first formulate special legislation on the infringement of personal right in the network environment,recognize the legal status of the virtual subject,introduce the system of punitive damages for the infringement of personal right in the network environment and define the principle of liability for the infringement of personal right inthe network environment.The judicial aspect should clarify the compensation standard for the infringement of personality right under the network environment,issue the guidance opinions on judicial interpretation,and publish the typical cases in time.In addition to relying on the protection of the legal system,it is also necessary to strengthen the function of industry autonomy and realize a multi-directional supervision system,such as strengthening administrative management,and setting up independent network supervision institutions.In addition,the public should be encouraged to set up network morality and be a qualified network person.