Research On Personality Right Infringement In Cyberspace

The invention of computer and the emergence pushes the information age further to a world-wide place.Internet has changed the human way of living and works, while is also making a profound influence on the law. The open cyberspace and the hidden nature of the network induce the user under uncontrolled, and will resulting in a series of personality right infringement behaviors. As the hidden nature of activities and the special technical nature of the information, the personality right infringement behavior in cyberspace has shown a lot of different with the traditional in law. Only rely on the traditional torts law to adjust them is not enough. Therefore, with the needs of networks development, it is necessary to improve the personality right protection mechanisms in cyberspace, protect the legitimate rights of network users and promote the healthy development of the network.The thesis consists of three chapters. Through the introduce of China first anti-"human flesh search engine"case, analyses the flaws of our country's rights protection in cyberspace, explains the infringement responsibility of the Internet service provider. According to the protection of personality right in Cyberspace in Europe and the United States, give some improvable advises about our country. The thesis structure goes as follows. In the first chapter, according to the analysis of China first anti-"human-powered search"case, point out the relevant legal issues exposed in the process of judgment. The flaws and shortcoming about our country's protection of personality right were summarized. In the second chapter, introduced the general regulation about personality right infringement , analyzed the characteristics of personality right infringement in cyberspace. In the aspect of infringement object, focus on the rights of reputation, rights of privacy and the tort liability of internet service providers. In the third chapter, the protection of personality right in foreign network environment were compared and studied. The idea about improving the protection of personality right in our cyberspace also is presented. To regulate the cyberspace, create a good cyberspace is a general trend in the future. The legal issues about cyberspace are still need to be studied, and also need the legal community and the vast network service providers and users to work together to regulate our network and to protect the legitimate rights, promoting the healthy development of the network industry.