Research On The Applicable Rules Of Infringement Of Foreign-Related Network Personality Rights

With the development of the Internet into the era of Web 3.0,people’s lives have been infiltrated by the network in all aspects.Behind the convenience of life,it is the serious intrusion of the network on private life.A series of issues such as cyber violence,rumor,theft of personal information,and cyber economic crimes collectively reflect the enormous threat posed by network technology to the personal interests and related basic civil rights represented by personal privacy and reputation.The Law of the People’s Republic of China on the Application of Law in Foreign Related Civil Relations(hereinafter referred to as the "Law Application Law")specifically stipulates the applicable rules for infringement of online personality rights,which reflects the forward-looking nature of China’s legislation.However,there are still some gaps in this rule that need to be supplemented.The first issue is that there is a problem with China’s attitude towards disputes over foreign related infringement of personal information,which is treated as a domestic dispute rather than a foreign-related dispute,Personal information,a new type of personality rights and interests,cannot be protected by Rule 46 in judicial practice;Secondly,the setting of connection points is rigid,without considering the factors that the results and facts of personal information infringement damage may have little relevance to the habitual residence of the infringee;In addition,there is a phenomenon of confusion in the application of special and general rules on the application of tort law in China’s Law on the Application of Law,as well as a tendency of unilateralism in the disguised application of forum law by Chinese courts in the adjudication of such disputes.This article will start from these four issues and propose suggestions on the applicable rules of relevant laws in China by drawing on the applicable rules of personality rights infringement laws in other countries and relevant legislative practices in the international community,and combining the actual development situation in China.This article is divided into four parts.The first part mainly discusses the current problems in the applicable rules of personality rights infringement law.Firstly,it reveals that there are errors in the judicial understanding of the specific scope of personality rights in Article 46 of the Law on the Application of Law in China;Secondly,it is revealed that the structure of the connection points of such rules is single and rigid,resulting in a close relationship between the outcome of legal choice and the existence of the case;In addition,there are problems in China’s judicial practice,such as confusion in the application of legal rules and the disguised application of the forum law.The second part first discusses the basic theory of the value of personal information,and then discusses the relationship between personal information and other specific personality rights,to illustrate that the protection of personal information cannot be covered by other personal rights protection;Finally,it discusses the feasibility of protecting the rights and interests of personal information according to Rule 46 of the "Law Applicable Law" in China.The third part discusses how the existing rules of foreign private international law regulate the infringement of personal rights and personal information from the perspective of comparative law;Secondly,it analyzes the challenges faced by the traditional legal application rules for infringement of personality rights.First,the failure of the applicable law leads to uncertainty in the relevant judgment results;Second,the fragmentation of rules leads to uncertainty in the application of law;In addition,it is discussed that the value of freedom,the value of protecting the interests of the weak,and the legal value orientation of protecting the expected interests of the parties should be taken into account in the setting process of such applicable rules of law,so as to ensure the flexibility,neutrality,and rationality of the applicable rules of law;Finally,it discusses the innovation and improvement of relevant foreign rules.The international community mainly improves relevant rules by adopting online community rules and softening the handling of connection points.In the fourth part,based on international practices and China’s national conditions,the author proposes the existing problems in China’s relevant laws and proposes relevant legal amendments.Firstly,in terms of the proposed amendments to legal rules,the author softens the connection points,adds the principle of the closest connection,the method for the plaintiff to unilaterally choose the applicable law,and takes into account the expected interests of the defendant;Secondly,in judicial interpretation,on the one hand,personal information should be protected as one of the interests under Article 46 of the Law on the Application of Law;On the other hand,the interpretation of relevant connection points endows innovation in the meaning of Internet technology,increasing the pertinence of relevant problem solving.