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The Network Privacy Right of Civil Law Protection in China

Author: ZhangCong
Tutor: ZhouShaoQiang
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Privacy Internet privacy right Law regulation Private space legalprotection
CLC: D923.8
Type: Master's thesis
Year: 2012
Downloads: 65
Quote: 0
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Abstract


With the development of the internet technology, our mode of producing and livinghas been changing swiftly. It makes our life become quick and convenient, at the sametime, it also makes our life become “transparent”. By contrast, it is later to research theright to net privacy in our country, the relative legislation is imperfect, and many tortbehaviors cannot be impeded. Therefore the further research on protecting the right tonet privacy will have vital significance to the future work.In the first part of this paper,the author takes the traditional sense of privacy as theVantage point,states that internet privacy right is the extend of traditional privacy,Analyses the connotation and objective elements of internet privacy. Then,the authorAnalyzes the constitutions of interne privacy violations,then introduces several typicalCivil liability patterns,also analyzes the overseas experience,among these patterns weMust make our choice. Finally,the author analyzes the status quo in China and how toregulate and the future development trend. This paper offers a sufficient preparation forEstablishing that a new internet privacy protection system. This paper aims to protectpersonal interests,safeguard the dignity of the individual,and the author hopes thatthrough practical system and the actual operation can we realize the goal and the ultimatevalue.The major innovation of the papers from our national conditions, to establish thelegislative mode suited to China’s national conditions. On the General Principles of theCivil Law to be modified to add a "personal rights":"The citizens enjoy network privacywithout consent or other restrictions, such as the mandatory provisions of the law, socialpublic order and good morals, etc., any body, national organs, social organizations,enterprises and institutions are not free to infringe on the privacy of others datainformation." Privacy protection becomes directly protected from indirect by perfecting,which would enable the victims by their privacy proceedings infringed, that the victimdirectly to the court to protect their privacy, the privacy protection efforts to furtherincrease. In addition, we must also strengthen international coordination, and strive to cooperate with. Our Network Privacy civil law protection so better with the rest of theworld, and thus we are able to improve our network Civil Protection of Privacy.

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