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The Juridical Analysis About Personal Information's Legal Protection

Posted on:2009-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2166360272974408Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Personal information possesses important social value. Especially in information society, its function gives prominence. In our country's process of informationization, personal information to protect the right of personal information is an extremely urgent matter. So, since our country's law of personal information has already stepped into legislative stage, it's quite necessary to make a theoretical sort-out on the protection of personal information from law aspect. And it contributes to make theoretical protection for the legislation for personal information.This article applies the methods in law theory, legislative science and information to carry on a close and thorough juridical analysis of personal information's legal protection. Firstly, making analysis on the personal information rights'belonging of right and the protection of basis of rights, based on the theory of human rights. Secondly, try to find the solution to the conflicts of rights, which our country met with in the juridical protection of personal information, through the analysis of the expressions of rights conflicts in the juridical protection of personal information, the causes of the conflicts, the nature and essence of conflicts and so on. Thirdly, put forward a system arrangement which is fit for our nation's protection of personal information. At last , the thoughts are about operation of personal information law. This article includes four parts:The first part will discuss that juridical protection of personal information is the demand of human rights protection from human rights perspective. It will carry on a juridical analysis of the concept of personal information. It will emphasize that the protection of personal information is the inevitable outcome of human rights contents'development. And then decide on the rights belongings of personal information rights through the analysis of human rights classification.The second part will analyse the rights conflicts issue in our country's juridical protection of personal information, making theorical preparations for the author to explore our country's legislative pattern of the protection of personal information. This part mainly includes the expression of rights conflicts in the protection of personal information, the causes of the conflicts, and the nature and essence of rights conflicts.The third part will lay stress on explaining the thoughts on legislative arrangement of protection of personal information. Properly seize the relationship between carrying forward traditional culture and introducing overseas doctrines by inspecting and learning from Japan, the United States, Germany and other countries'legislation personal information protection. Put forward conception of our country's structure of protection law of personal information to make public interest, economic development and the protection of personal information develop in balanced way, on the basis of recent experts and scholars'legislative suggestion.The fourth part will discuss the thoughts about the operation of personal information law in operator, consciousness and operation measure.
Keywords/Search Tags:Personal Information, Human Rights, Rights Conflicts, Protection and Utilization, Operation
PDF Full Text Request
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