| The development of internet enlarge the connotation of privacy. With the privacy infringement on the network frequently occurred in recent years, the issues about privacy protection in network condition have attracted more of our attention. the debate between "Tencent and 360", occurred in 2010, which reveal a fact. The fact is that all network users in China are possible infringed privacy. This paper is instructed by the debate between" Tencent and 360", and analyzed typical behaviours of individual users and institutions, in order to discuss the development of privacy infringement and the lack of privacy protection in the network in China, then make recommendations accordingly.This paper is divided into four parts:Chapter introduction, introduce to some of the major issues raised-the debate between "Tencent and 360", literature review, the main content and basic ideas, the research methods and innovation, then raising the need for privacy protection in the network.Chapter II of typical behaviours of the privacy infringement on the network and responsibility accordingly. This part is base on the classification of infringer, subdivided as acted by individual user and institution. Introducing the typical behaviours of individual user infringement and institution infringement, in order to discuss the development of privacy infringement and protection. "Hacker"and "people flesh search" is the typical of individual user infringement. but Institution includes ISP and ICP, software and hardware manufacturers, and government. Since there is a big difference between individual users and organizations, responsibility accordingly should be asked differently.Chapter III the protection mechanism of the right to network Privacy. By analysing and evaluating the protection mechanism of the right to network privacy abroad, including the industry self-discipline mode represented by the USA, and the legal protection mode represented by the EU. Beside, investigates the current situation of the right to privacy in network of China, and the current situation of China including four parts:Firstly, the legal protection is not enough to privacy protection. Secondly, self-discipline lack of legal basic. Thirdly, individual user lack of awareness of protecting privacy. Last, technical protection measures have inherent limitations.Chapter IV is the institutionalization construction of the right to network privacy protection in China. Advocating that China law for the protection of the right of privacy shall follow the"double track"model, according to successful experience abroad, which make use of the advantages for models of both the industry self-discipline, regulation and law, technology protection, and privacy sense of citizen, to build integrated protection system. It includes two parts:Firstly, ensuring the "double track"model, which include of improving the legal and achieve specific legislation of the right to privacy, as well as setting up industry self-discipline mode. secondly, other protection measure, which includes of Clearing the rights, guiding behaviours of internet user, and strengthening government responsibility and international cooperation.Chapter VI Conclusion, summary and analysis of this paper deficiencies. |