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The Regulation Of "the Human Flesh Search" Behavior Isbased On The Online Privacy

Posted on:2012-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ChenFull Text:PDF
GTID:2216330362957611Subject:Law
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The"human flesh search"behavior which originated in Mop, was well known by most cyber citizens because of the Chen Yao Incident in 2001.The"human flesh search"cases which happened frequently in a few years, such the Cat Abused Incident, Death blog Incident etc. drew a high attention from the internet users and led to a fierce discussion of the public. Some call this behavior angel while some curse it devil. Some vent their anger through it while some get their families separated. Confronted with this situation, the educational circles probe into it in many aspects like how to treat the behavior of human flesh search, how to lead it to a sound development, how to prevent it from violating others'privacy, and focus on two points: firstly, should we stop this behavior through legal means? Secondly, what measures should be taken to avoid tort caused by the human flesh search behavior? Facing frequent events causing by "human flesh search" behavior, and the consequent protection of internet privacy, we focus on whether it constitutes Infringement through the "human flesh search"behavior of others of information and data for publication and dissemination. If infringement, how to regulate. The existence of this problem is inextricably linked with the unclear of defining the scope of protection and the privacy of the network concept in theory, and the absence of such legislation. Based on analysis of the "human flesh search" behavior of the concept, features, Internet privacy features, content and conservation status, etc., this paper give proposals to effective protection of privacy on the network under the environment of how China's "human flesh search " behavior .This is a theoretical and practical value of the topic.To further investigate legal issues raised by "human flesh search"behavior , this paper analysis its properties from aspects of the "human flesh search"behavior of the concept, characteristics, types and functions ,on the typical case basis of the "human flesh search"behavior in the history in the first part; the second part describes the concept of conflict between Internet privacy analysis of discourse "Human flesh search "acts against the way of network privacy and features a clear" human flesh search "violations of the privacy act form of liability; the third part summarizes the experience of privacy protection of our network through the comparative analysis of major countries and regions extraterritorial network privacy protection mode. The fourth part analyzes the lack of privacy protection of our network from aspects the situation, problems and the reasons of "human flesh search" Legal Regulation. Part V raises regulation measures from the legislative, technical, trade and other aspects of self-discipline for China's real "human flesh search"behavior on the basis of former parts from our countries reality,.The human flesh search behavior, as a new media, which grows up in the net and affects the reality, plays an active role in many aspects like maintaining the justice, providing a place of free discussion, inviting the supervision from the public and fighting against corruption, and in the meantime, it plays a passive role like the infringing the civil rights. Facing this double-edged sword, we'd better regulate measures in laws, the quality of the net users, and the network technology etc. Thus its positive side will be well developed and civil rights will be well protected. The human flesh search behavior will have a healthy and stable development, making a contribution for the construction of the harmonious society.
Keywords/Search Tags:the human flesh search behavior, tort, online privacy, regulating measures
PDF Full Text Request
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