On The Legal Protection Of The Right Of Personality In The Network

The economic base determines the superstructure,and its evolution as a superstructure's legal system has been hampered by the constraints of social material conditions and other social ideologies.The development of high technology on the Internet and the application of artificial intelligence have enabled humanity to enter the online society and have continuously changed people's production methods and lifestyles.It is precisely under the influence of the social and social changes of the Internet,coupled with the rising awareness of civil rights and the construction of a society governed by the rule of law,the right to network personality has emerged.The right of network personality is the development and extension of personality right in the network society.There is no essential difference between the traditional personality right and the network personality right.Only the environment in which it lives is changed.Its essence is still the same.The main body enjoys the personal interest.Compared with the traditional right of personality,the right of network personality is different in the types of rights,content,infringement methods,protection scope,and responsibility methods.The use of network technology has led to changes in the widening of the scope of rights and interests of personality rights,the complexity and diversity of infringing methods,and the enrichment of rights content.The nature of network personality right determines that network personality rights must be protected by the same laws.At present,China does not have a complete legal system of network personality rights.The regulation of network personality rights mainly relies on the traditional legal system,while the traditional legal system of personality rights is relatively backward,and it is difficult to regulate the infringement of network personality right.In judicial practice,there are also problems that the subject of network personality right infringement cannot be ascertained,the consequences of infringement damage are relatively serious,and the infringement is difficult to find.There has also been a major change in the attitude of the public towards personality rights,and it has also put forward higher requirements for the protection of network personality rights.The lack of network personality right legal system and the frequent occurrence of infringements make the issue of protection of network personality right imminent.We need to improve the relevant legal systems and relevant measures for the establishment of network personality right,and improve the protection of network personality right.This article is divided into four parts.The first part compares the concepts,characteristics,concrete expressions and personality rights related to network personality right,and has an intuitive description of network personality right.The second part introduces the existing relevant legislation of the personality right of our country,summarizes the reasons for the existing problem analysis,and puts forward the necessity of the protection of network personality right.The third part analyzes the foreign personality right legislative model and judicial practice.Through the summary of the experience of foreign personality right,the experience of China's network personality right protection is extracted.The fourth part is to address the prominent problem of China's network personality right,and put forward suggestions for improvement in terms of legislation and judicial procedures,and analyze the feasibility of its concrete measures.