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Human Flesh Search and Privacy Right Protection

Author: GuanRongGui
Tutor: LinGang
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Human flesh search Privacy Constituent elements Contradict Responsibility Countermeasure
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 273
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Abstract

The \\machines using Internet search engines (such as Baidu, etc.) and the use of the master of all Internet users in their daily lives to the information collected in a way. \unparalleled role, however, in addition, the powerful force of the \The \Generally believed, privacy concepts and theories first put forward by American scholars and legal system for the protection of privacy is first established in the United States. After privacy in the world has its different development trajectory. In our context, I believe that privacy is the private life of natural persons enjoy the tranquility and private information secret protected in accordance with the law, is not unlawful interference of others, it knows the collection, use and the public a right of personality, and the subject of rights on others can intervene in the extent to which his private life, has the right to decide on their own whether to publicly privacy of others, as well as the scope and extent of open. \, disclosure of private information network users an invasion of privacy, invasion of privacy and of the dissemination of information network users, network service providers an invasion of privacy. Among them, the discussion was published in the \The constituent elements of the \defense as well as the victim's consent defense. \The persons liable tort liability: the cessation of the infringement; apology; compensation for the losses. And the original publisher of the information, \Network service provider the infringement to bear responsibility, \While in theory the responsibility to explore the \tort liability is the presence of obstacles, one of the most difficult to determine the identity of the infringer. Nevertheless, in order to prevent the further evolution of the \In addition to strengthen people's awareness of the concept of respect for the privacy of others, and to protect their own privacy, industry self-regulation model in the United States, as well as the EU's legislative model that we can learn, but based on the reality of our environment and the legal tradition, I believe that the Legislation of mode more suitable for our country. In order to guard against the \At the same time, in order to determine the identity of the infringer difficulties for victims, it is necessary to consider the implementation of the NRS, that South Korea's experience is worth learning.

Human Flesh Search and Privacy Right Protection

Abstract

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