Research On Legal Application Of Personal Information Protection Under The Perspective Of China's E-commerce Law

With the rapid development of e-commerce,the issue of personal information protection has aroused the attention of the whole society.A series of problems caused by the leakage of personal information have caused many people to feel very troubled.In particular,the "human flesh search" and other troubles have made people become more and more concerned about personal information protection.Based on concerns about the protection of personal information,many developed countries and regions have enacted legislation on related issues.The legal protection of personal information in China is also scattered in many laws and regulations.The author mainly combs the legal application of personal information protection under the E-commerce Law perspective,and combines "General Provisions of the Civil Law of the People's Republic of China"(hereinafter referred to as "General Provisions of Civil Law")and "Cyber Security Law of the People's Republic of China"(hereinafter referred to as "Cyber Security Law").The Law and other relevant provisions are discussed to explore the links and differences between the "Electronic Commerce Law of the People's Republic of China"(hereinafter referred to as "E-commerce Law")and the "General Provisions of Civil Law" and "Cyber Security Law" in the protection of personal information.The paper is divided into three parts.The first part mainly introduces the legal application of the relevant provisions of personal information protection under the perspective of E-commerce Law in China and its main problems.Specifically,it first expounds the background,the legislative orientation,the legislative considerations,the status quo analysis of the E-commerce Law,and the background,the legislative orientation,and the status quo analysis of the Cyber Security Law.Secondly,it sorts out the relevant provisions of personal information protection in China,and analyzes its legal application,and raises its problems in the process of application: since the focus of this paper is on the legal application of personal information protection in the E-commerce Law,the author first analyzes the relevant protection provisions of the E-commerce Law and their application,after that the author analyzes the personal information protection provisions and their legal application of the Cyber Security Law,and then the author analyzes civil,criminal,administrative and other protection provisions,Finally,the author analyzes the issues related to the protection of personal information in the "E-commerce Law",as well as the application of the "E-commerce Law" and the civil law provisions,the cyber security provisions and other relevant provisions.The second part mainly analyzes the legal basis and related issues of personal information protection under the perspective of E-commerce Law in China.Specifically,it refers to the analysis of the application of the "E-commerce Law" and the civil law provisions,cyber security provisions and other personal information protection related provisions in the protection of personal information.In the application of "E-commerce Law" and the civil law provisions,the application of "General Provisions of Civil Law",the civil tort provisions,and the relevant sections of the "Civil Code" is discussed in detail.As for the application of the "E-commerce Law" and cyber security provisions,the author mainly compares the concept of the information protection of the "E-commerce Law" and the concept of the data security of cyber security provisions,analyzes the external constraints of the e-commerce cyber environment,and combs the difference in governance orientation between "E-commerce Law" and cyber security provisions.Finally,in the application of the "E-commerce Law" and other provisions,the author mainly considers theauthorization method of personal information from the efficiency dimension,the authorization condition of personal information from the security dimension,and the authorization scope of personal information from the fairness dimension.The third part mainly expounds how to optimize the relevant normative path of personal information protection under the perspective of E-commerce Law in China.Similarly,from the perspective of the application of the "E-commerce Law" and civil law provisions,cyber security provisions and other personal information protection related provisions,the author looks for the optimization path.In the optimization of the application of the "E-commerce Law" and the civil law provisions,the following optimization paths are mainly sought: determining the attributes of personal information rights,linking to the civil tort provisions from both physical and procedural aspects,unveiling implementation rules in accordance with the formulation of the Civil Code.In the optimization of the application of the "E-commerce Law" and the Cyber Security Law,it should be based on the cyber security policy,relying on cyber security supervision,and supplemented by cyber security governance.Finally,in the coordination and application optimization of the "E-commerce Law" and other personal information protection related provisions,the license should be coordinated with the way of personal information collection,the conditions of use,and the scope of management.