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The Study of Personal Information Conformation Rights in the Civil
Author: ZhengJian
Tutor: HuWeiPing
School: East China Jiaotong University
Course: Civil and Commercial Law
Keywords: The right to personal information Personality Rights Civil indeed the right
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract
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Information is the core of the information age, and its wide variety of permeate every aspect of modern society, and personal information for each person has a unique role and significance. It can reflect the natural person all or part of characteristics, to effectively understand and analyze personal information about a particular individual corresponding. With the development of business and information network, the personal information on the one hand as an information resource to the large demand, on the one hand but suffered serious abuse. To the protection of personal information rights and interests, to promote the use of personal information, to prevent the misuse of personal information required to propose a set of comprehensive regulatory system, which is not the lack of legal support. Stage of personal information legislation is very imperfect, yet to be in-depth study of personal information, especially based on personal information, personal information rights Rational probe is still in the learning stage. Further in-depth study of the personal information and the right to personal information, personal information legislation is to perfect the needs of the times. Start from the analysis of the personal information, this paper discusses the origin of the personal information, concepts, characteristics, objective analysis based on the necessity and feasibility of personal information Civil indeed the right combination of the above analysis discusses the right to personal information and other personality rights, drawn from the civil rights content of the right to personal information. Finally, we also try to theoretically build and improve the personal interests of the civil protection relief system. The article can be divided into a total of seven parts. The topics of the first part of the introduction, discusses the purpose and meaning, as well as the research status and research content and innovation. Overview of the second part of the personal information and personal information right. Overview of personal information from the personal information, binding international legislation, information, data, and other things to distinguish different understanding of the concept of information reveals the concept of the personal information and the object of protection of personal information rights Preliminary discourse. The right to personal information Overview built on the basis of the personal information outlined, try a definition of the concept of the right to personal information. The necessity and possibility of the third part of the argument is indeed the right of personal information on civil, starting from the multiple perspectives of information security, economic, social, legal construction, a combination of theoretical and practical needs, reveals indeed the right sense of personal information rights civil and can be realized. Part IV demonstrate the nature of the personal information shall be vested in the right to personality rights, then the right to personal information and other personality rights do comparison. While further right to reveal personal information about the right to property, to explore the personal information and privacy, portrait, or honor to the applicable conflict as well as the right of publicity in the United States of the revelation of the interest in the protection of our personal information. Part V describes the content of personal information rights civil rights, the first of four parts on the basis of personal information rights specifically addressed the subject of rights, the rights of content of the object, the object, as well as specific. Part VI discusses the right to relief and protection of personal information rights, to the relief of public rights of civil judicial relief, in combination with other channels for relief, the relief system in order to establish a self relief and public relief coexist. Part VII Summary and Conclusion. A brief introduction to the comprehensive protection of personal information about issues that need attention and indeed the right of the right to personal information should also further improve the right to restrict research.
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CLC: > Political, legal > Legal > Chinese law > China and France
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