Study On The Perfection Of Personal Information Protection System Under The Background Of Civil Code

Nowadays,with the development of Internet and big data,the phenomenon of citizen’s personal privacy information disclosure is becoming more and more serious,so the relevant legislation of personal information protection needs to be further improved.In the 13 th legislative plan of the NPC Standing Committee,the legislative plan of the Personal Information Protection Law was determined.The draft law of the Ministry was officially released on October 21,2020,and the public was asked for feedback on a series of related issues.This also means that our country in the personal information protection legislation obvious progress.Since January 1,2021,the Civil Code has been formally implemented,and several previous civil legislation have been repealed.Before the implementation of the Civil Code,the main protection of citizens’ personal information was the Tort Liability Act.The compilation of personality rights in the Civil Code is the protection of personal information in the current civil legislation.At the same time,the legislation proposal of the Personal Information Protection Law(Draft)is still in the process of collection,then it will be faced with the problem of overlapping and conflict between the draft of the Ministry and some parts of the Civil Code,and how to effectively promote the progress from universal norms to case justice in judicial practice,improve the efficiency and level of judicial practice,make the relevant articles of the Civil Code more self-consistent and play a better role in protecting citizen information,and have important practical significance for the study of personal information protection legislation and judicial practice based on the perspective of the Civil Code.This paper includes four parts.The first part introduces three typical cases,summarizes and analyzes the focus of controversy,and then leads to the topic of the paper.The second part defines the protection of personal information from the concept and legal basis.The third part is an empirical analysis of the current situation and problems of the legal protection of personal information,involving the current situation analysis of legislation and judicature that is divided into two perspectives.The current situation of legislation first summarizes the laws and regulations,rules and regulations on the scattered personal information in China,and then focuses on the analysis of the personal information protection provisions in the civil code of personality rights and tort liability.In the current judicial situation,the author analyzes the data of personal information cases and compares the laws and regulations cited in the previous personal information cases with the provisions of the two parts of the civil code.Then,the paragraph shows summarize of the problems,through the empirical analysis of the above situations to sum up the most frequent and the most difficult problem of personal information cases in China.Finally,the fourth part puts forward solutions to the above problems in judicial practice.