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Author: ZhaoYing
Tutor: ZhangJingFang
School: Zhengzhou University
Course: Legal
Keywords: privacy Network privacy "Human fresh search" Legal protection for network privacy
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 194
Quote: 0
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Abstract

Internet technology provides a shortcut for world to exchange. But objectively internet creates a "transparent society" because of lack laws and rules. It is this out-of-control network environment gives birth to "human fresh search" that currently popular online, which makes the network more vulnerable to face even greater challenges. Human flesh search although is only an information search engine, once abusing would make an enormous destruction of network privacy of citizens. At present, although the "human fresh search" violation of the network privacy is increasing, while because of "human fresh search" in law area in China is still a new thing. It is need to make a deeply research so that the network privacy can be get an effective protection.The article utilizes theory and antithesis. By analyzing the theory of the privacy, network privacy, the "human fresh search" and their characteristic etc., Based on the condition of Chinese network and the method to protect network privacy effectively, the article uses for reference of foreign network law making and advise legislation leading as dominant measure and self govern by industry as auxiliary measure.This article is four parts as follows.The first part studies the concept of privacy and network privacy. Beginning with the concept and characteristics of traditional privacy, then turns to the notion of network privacy and its contents. It points out that the network privacy mainly referred to a spiritual power right of a citizen. It includes these: citizens enjoying the peace of private life and private data, information to be protected by law, which not to be aware of, collected, copied, used and opened and so on.The second part studies the "human fresh search" concept and the nature of "human flesh search" .It points the "human fresh search" is the mechanism that internet users spontaneously involve an investigation of a character, an event and search for the related and background information and then post it on the web. It analysis the "people fresh search "concept, the nature, characteristics and so on. Comparison reveals that the "human fresh search" itself does not have the illegal nature. In different conditions the "human fresh search" has different performance. This depends on the state of network privacy protection. Therefore, we cannot simply enact legislation to prohibit the "human fresh search".The third part studies the responsibility of "human fresh search" violations in our country. The out-of-control "human fresh search" infringes network privacy. It analysis reasons, types, characteristics of "human fresh search" violates internet privacy. It also analysis the elements of tort, tort liability, tort responsibility etc. "Human fresh search" violation has a lot of features different from other violations, but still generally applicable to the general elements of tort theory of infringement.PartⅣstudies the thought and recommendations of network privacy protection in our country. It introduces privacy legislation model abroad and the status of the network privacy protection in our country. It also introduces the attitude of the United States and South Korea to deal with "human fresh search ", as well as the status quo of the "human fresh search" in China. It proposes legislative and other means to strengthen network privacy protection. We can establish this pattern which gives priority to law-making pattern with reference to self-contained pattern. The right of privacy should be one of independent right of Personality in Civil Law. We should set up a benign environment for the development of the network industry to ensure the better protection of individual privacy. Only access to effective protection of network privacy, we can get a healthy and orderly network environment and reduce or avoid "human fresh search "violations from occurring.

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Abstract

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