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Tort Liability Of Internet Privacy

Posted on:2019-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:C H MuFull Text:PDF
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The rapid development of network and information technology is a double-edged sword,which can not only promote economic and social development and bring people high-quality convenient life,but also inevitably violate the privacy of network users in cyberspace because of its openness and mobility.Therefore,the core issue is how to coordinate the seemingly conflicting two requirements,on the one hand,to vigorously develop the Internet information industry,on the other hand,to carefully protect the privacy of network users.The key to solve the problem lies in the use of typed legal subject analysis method to make a detailed analysis of the type of subject,mode of conduct and responsibility.Cyberspace embodies a new type of social relationship and its structural mode.Compared with the "pre-network society",there are some differences in the types of social subjects and their relations.With the help of technology,platform,capital and other advantages and innovation of operation mode,new and more concealed status differences and control relations have been formed among the main bodies in cyberspace.The dominant subject through the network,by various means,in fact,poses a great threat to the protection of the privacy of the general network users and other public.Therefore,to clarify the different types of subjects and ways of behavior in cyberspace,so as to rationalize the allocation of responsibilities in cyberspace,is the core of the study of the legal protection of cyberprivacy.Specifically,it should be summed up in the analysis of the role,status,functions,responsibilities and behavior patterns of network service providers,public administration departments,judicial organs and public service departments in cyberspace.According to the new roles,positions,functions,responsibilities and behavioral patterns of these subjects in cyberspace,this paper starts from the aspects of infringement subject,infringement act,imputation principle and infringement liability,in order to judge what kind of legal obligation they should undertake to protect privacy.
Keywords/Search Tags:Network privacy right, Tort liability, Tort subject, Principle of attribution, Liability undertaking
PDF Full Text Request
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