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On the Legal Regulations of Blog Tort

Author: JinJiFeng
Tutor: JiangHaiShun
School: Yanbian University
Course: Civil and Commercial Law
Keywords: Abundant guest The abundant guest infringes upon the right Right protection Legal rules and regulations
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 151
Quote: 1
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Abstract

In 2002 the abundant guest is introduced officially China, and along with networking progressing by leaps and bounds, rapid popularization in society.Afterwards, more and more many people start to apply to clear own abundant guest, and transmits the picture and the writing and the human through it exchanges.However provides conveniently, quick, free exchange platform while it to us, abundant guest opinion freedom and capriciousness, also has brought a series of legal matter to us.The in which abundant guest infringes upon the right is one of questions, the abundant guest right infringement is refers to the abundant guest user through to publish the abundant guest article way, encroaches upon other people right, is the Internet domain one kind of new right infringement.For example: The Chinese same place "the abundant guest considers the abundant guest" case: The well-known abundant guest writes hand Shenyang take to violate the citizen right of reputation as a reason, has sued net named Qin Chen big two student Zhang; Also like, a female student in order to pursue the debt, exposes this debtor’s privacy to have dispute case and so on, this all belong to the abundant guest to infringe upon the right the questionThe author tries to the present prominent abundant guest to infringe upon the right day by day the question, makes some discussions and the research.First, this article from the abundant guest’s concept, the characteristic, the development history, the essence, the legal status and so on six aspects, has carried on the multianalysis to the abundant guest abuse of authority.Next, this article has induced the abundant guest abuse of authority main object, respectively encroaches upon the right of reputation, the right of privacy, the copyright, the right to name, the business secret, the public interest be the abundant guest and so on six kinds, and did one by one has analyzed briefly.Once more, because this article through our country abundant guest abuse of authority legislation present situation, obtains abundant guest itself to be short in our country development history, therefore domestic at present has not been clear about in view of the abundant guest infringes upon the right the aspect legal laws and regulations conclusion. And elaborated in aspects and so on protection right of reputation, right of privacy, business secret power, copyright has the deficiency.Moreover, this article introduced in detail the American substantive law and the procedural law aspect rules and regulations abundant guest abuse of authority stipulation as well as European Union in the right of privacy aspect and the copyright aspect legislation protection, caused us to discover own deficiency, At the same time, also has provided the theory basis for the model overseas advanced legislation.Finally, this article infringes upon the right the rules and regulations pattern through our country and the overseas abundant guest and even the Internet management mechanism comparison, obtains infringes upon the right the rules and regulations beneficial experience to our country abundant guest, has solved some problems which in the preceding text appears.Concrete, infringes upon the right the development aspect in the abundant guest, we need to establish the prevention mechanism, the impediment mechanism which the abundant guest infringes upon the right; Judicial jurisdiction aspect infringes upon the right which in the abundant guest, we need to establish the prevention mechanism, the impediment mechanism which the abundant guest infringes upon the right; Judicial jurisdiction aspect infringes upon the right which in the abundant guest, may absorb the American advanced experience; Legal regime aspect infringes upon the right which in the abundant guest, should be clear about the legal regulations abundant guest to infringe upon the right between the main body responsibility division, takes the abundant guest autonomy joint pledge the function.In brief, facing abundant guest this newly emerging things, we needs to appear some pointed strong, the more detailed legal standard, comes the standard abundant guest abuse of authority, causes this newly emerging things in our country health growth.

On the Legal Regulations of Blog Tort

Abstract

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