Legal Thinking On The Phenomenon Of "human Flesh Search"

Nowadays, the rapid development of information technology and the information communication has provided a more convenient and efficient platform to us."human flesh search" in this context emerges as the times require. On one hand,"Human flesh search" makes the information search and access more convenient, effective, and can be used to strengthen the supervision of public opinion and restrict, it also promote social the good and the beautiful melody; but on the other hand,"human flesh search" on the disclosure of information and communication, to a certain extent violated the party’s right of portrait, right of reputation, privacy and other rights of personality.This also allows us to see the network technology and the development of communication network and the existing legal rules, lack of network legislation lag, network law enforcement are not fully in place of contradiction.In view of this, the network of "human flesh search" reflects the legal issues related to the analysis and research.This paper adopts the method of literature research and case analysis method in four parts.The first part from the "human flesh search" concept and characteristic proceed with, analysis of "human flesh search" plus or minus two party effect.And the second part, elaborated "human flesh search" of the three conflicts of interest, respectively is the personality and the right to know, the right of freedom of speech in the conflict, public interests and individual interests conflict, conflict of opinion expression and the public credibility of the judiciary.The third part is the innovation of this paper, the "human flesh search" and Taiwan’s "human flesh search" status and the development of legal regulation of comparative, first introduced in Taiwan "human flesh search" status and regulation, secondly on the sides of the typical cases compared to two shore network environment is different.Finally, on the sides of the "human flesh search" legal regulations were compared to find the flaws and deficiencies of existing regulations in China’s mainland.The fourth part is the view of the "human flesh search" situation and put forward countermeasures of standardizing legal direction, including privacy and network privacy legislative protection of personal information protection law,"" aspects of the proposal, on the network operators and regulators of rights and duties, as well as to the netizen autonomous countermeasures and suggestions.