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Research On Civil Legislation Issues Of The Protection Of Internet Privacy Rights

Posted on:2022-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:M Y YangFull Text:PDF
GTID:2516306332978619Subject:Law
Abstract/Summary:PDF Full Text Request
Privacy is one of the basic personality rights of citizens.With the rapid development of the Internet industry,the right of privacy has gradually expanded to the Internet world,so the concept of network privacy has emerged.According to the survey report released by the China Internet Association on the basis of a large-scale survey,more than 80% of the people in China have suffered from various types and degrees of infringement due to their privacy exposure in the online world.At the present stage,the domestic laws on the right of network privacy mainly focus on the civil law,and the further improvement of laws and regulations is slow,and the overall starting point is low.There is no clear and unified standard for the legal provisions related to the protection of the right of network privacy,and strictly speaking,it is not standardized.Although the status of privacy as an independent personality right has been formally stipulated and established in the civil code,from an objective point of view,China's civil legislation has not been perfect in protecting the right to network privacy.By using the methods of literature research,inductive reasoning and empirical analysis,this paper summarizes the current situation of civil legislation of Internet privacy in China,including the civil code,civil judicial interpretation and other relevant legal provisions.Combined with the expansion of the object content,the enhancement of the property attribute,the expansion of the scope of power,and the poor degree of infringement of the subject of Internet privacy in the background of the Internet era Compared with the traditional protection of the right to privacy,the protection of the right to privacy on the Internet should be done in all aspects.The current civil legislation has not been able to keep pace with the times to play a comprehensive role in the protection of the right to privacy on the Internet,but shows a more obvious lag.The main problems of domestic laws and regulations in protecting the right of network privacy are that the content of the right is not comprehensive,the rationality of the constituent elements is poor,the right relief is not appropriate,the scope of the object is limited,and the reasons for exemption are vague.We should learn from the legislative experience of the developed countries represented by the United States and the European Union,confirm and protect the status and power of the right of Internet privacy,clarify the rights and obligations of the right subject,expand the content of the right of Internet privacy,and enrich the ways of right relief on the basis of confirming the standards of infringement,damage consequences,subjective fault,causality,and exemption,so as to improve the quality of right relief Adults should be given special protection.
Keywords/Search Tags:network, right of privacy, civil legislation
PDF Full Text Request
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