Legal Theory Research On Personal Network Informational Right

At present,various types of illegal and criminal acts that infringe on the right of personal online information are repeatedly banned,which has greatly affected the real life of the information subject,and the protection of personal online information is imminent.In 2017,China incorporated the right to personal information into the General Principles of the Civil Law of the People's Republic of China.However,so far,there are still many problems in the protection of the right to personal online information in our country,such as: no specific legislation to protect it,decentralized legislation,unclear principles of liability after infringement,single remedy,imperfect damage compensation mechanisms,The public does not pay enough attention to the protection of personal information on the Internet.This article is mainly divided into four parts.The first part mainly discusses the relevant definitions of personal network information and makes a general legal interpretation.First,the definition and characteristics of information are introduced.Second,the connotation,subject and object of personal network information right,and personal network information right are both emerging and basic rights.Finally,the legal attributes of personal network information right and related issues are discussed power.The second part mainly introduces the current situation and causes of harm to the right of personal network information.Firstly,the current social situation is discussed,which mainly includes violations in collection,processing and utilization.Secondly,it introduces the current status of legislation,judicial status and law enforcement in China,and analyzes the causes of this status.The third part is related foreign experience in the protection of personal network information rights.Three representative countries are selected for analysis and comparison.They are Germany,the United States,and Japan.Germany adopts a unified legislative model for the protection of personal information.The United States combines a decentralized legislative model with industry self-discipline to protect the right to personal information.The representative of Asia is Japan.The main protection model in Japan is unified legislation and industry self-regulation.By comparing the protection modes of the three representative countries,taking the best of them and removing their dross,we finally find a mode suitable for China to protect the right of personal network information.The fourth part discusses the countermeasures and suggestions put forward by the author to protect the right of personal network information,mainly from the legislative perspective,judicial perspective and law enforcement perspective.In legislation,it is the top priority to update the legislative concept.We must take the actual situation in China as a starting point,formulate a legislative model that is in line with China's current conditions,and establish the basic principles of protectingthe right to personal online information.There is a contradiction in the protection of personal network information.We must balance the two and find a balance point so that economic development and the protection of personal information can adapt to each other and develop in concert.Second,the personal network information right must be clearly stipulated in the law,and the rights and obligations of the personal network information right must be clearly defined,so as to better protect the network information right.When the personal network information right is infringed,make it legally possible.according to.Finally,China's current legal protection of personal network information is indeed very weak.It is necessary to improve the quality of legislation,add legal relief channels and other measures to protect personal network information rights and improve the legal system of personal network information protection.Judicially,it is necessary to establish the attributes of personal network information rights and reasonably divide the burden of proof.In law enforcement,it is necessary to clarify the subjects of law enforcement and improve law enforcement methods.The world today is in the process of rapid development.Efficiently operating networks are an indispensable key to maintaining the normal operation of the society at the same time.At the same time,when using the network to handle transactions,it will be correspondingly risky and will give personal information.Security brings great challenges.In order to effectively protect personal information,we must standardize the processing and use of personal information,clarify the rights of personal information,and use advanced laws to establish and improve a legal system for protecting personal network information.Protect personal network information and use personal network information to achieve a balanced state,promote the two to adapt to each other and develop together,thereby guaranteeing the dignity and freedom of citizens.