Studies On Personal Information Protection System In Administrative Law

As administrative sphere extends, public administration increases and administrative power tends to expand. Administrative organs collect, dispose and utilize more and more personal information, which will threaten the personal information. The paper tries to regulate the administrative power and protect civil rights as the main body of information in the personal information field, in order to create a harmonious development mode between administrative power and civil rights in administrative law.The paper uses comparative analysis method, positive analysis method, conceptional analysis method, literature search method and logic analysis method comprehensively. The paper is divided into five parts. In Part 1, the author gives the outline of personal information, including the basic conception, features classification and necessities of administrative law protection. In Part 2, the author expounds the theory basis of personal information protection in administrative law from the following aspects:human rights basis of constitutionalism, logic basis distinguishing public and private sphere, the change of Chinese social structure and new diversion of administration. In Part 3, the author analyses current status and problems of personal information protection in Chinese administrative law. In Part 4, the author explores the foreign characteristic personal information protection system including some international conventions and the relative laws of American, Euro-union, German and Japan, and gives China a lot of enlightenments. In Part 5, the author puts forward some useful suggestions. These are:introduction of the right to personal information control, procedure control of administrative act related to personal information, effective link between personal information protection system and government information publicity system, and construction of supervision and relief system. On the whole, the key to establish personal information protection in administrative law is to control administrative power,protect civil rights and pursue the balance by the interest game of them.