Researching Into The Right Problem Of Human Flesh Search

Right is an important symbol of human life, and is associated with the life. At the same time, the right problem is also an important problem of philosophy of law, and is an important value category of law. From the perspective of Marxism philosophy of law, human rights have always been historical and concrete. A variety of new rights come into being with the development continuously. Since the third plenary session of the11th central committee, the right construction of China marked an important turning point, and began to walk on the road to democracy and rule of law. China’s17th National Congress report pointed out that the first essence of Scientific outlook on development is development, the core is people-oriented, basic requirement is comprehensive, balanced and sustainable development, and basic method is to give overall consideration. It emphasizes people-oriented, promoting the harmonious development of society from human rights. Our country is now in the primary stage of socialism. We mainly focused on the construction of harmonious society and socialist democracy and legal system. Therefore, issues of human rights must be an important focus that cannot be ignored.But with the progress of science and technology, the development speed of the network is already beyond my imagination. The various emerging search tools appeared in people’s view quickly."Human flesh search" is one of them. On the one hand, it strengthens the supervision of public opinion, promoting citizens’ freedom of speech. But on the other hand, it also causes a series of infringements.Marxism theory on rights is the scientific summary that reveals the change history of rights concept of human civilization social. It builds on the theory of historical materialism philosophy of law. Studying on the rights thoughts of Marxism philosophy of law can help us analyze the pros and cons that the "human flesh search" produces, and draw a clear value orientation of Chinese legal system modernization. This also can promote the legal development in Network Era. At the same time, it can enable us to explore more new rights. In the current academic field, there are people who analyze Marxism view of right from the perspective of Philosophy, and there are people who research various types of rights issues coursed by "human flesh search" from the perspective of jurisprudence. But there are few people combine both.This thesis begins with the origin of Marxism thoughts on rights, and then analyzes the thoughts of Marxism philosophy of law of right, meanwhile analyzes the thoughts of right theory of our country. Then it explores legal problems and perfecting China’s legal system guided by Marxism thoughts on rights from a variety of conflicts of rights caused by human flesh search. The above statement is the main problem and view of this thesis which consists of introduction, the first part, the second part, the third part and conclusion.The foreword outlines importance of the rights to people, and the relationship between rights and law from the start with the concept of right. Combined with the present era background, the theory basis and the reality circumstances of human flesh search, we can see that the right problem of human flesh search is a striking example that network impacts on rights. So I come up with new ideas that we should make use of Marxism view of rights to solve this problem, and take it into practice.The first part focuses on the analysis of rights of human flesh search. First of all, from the origin of human flesh search, combining with the essence and characteristics of human flesh search to analyze privacy right, free speech right and others involved in human flesh search. Then it describes these rights conflicts in detail, and puts forward the theories origins of the solution guidance for solving next problems.The second part dialectically analyzes the relationship of the rights and obligations as well as freedom, justice, and order. This helps us understand Marxism thoughts on rights, and use it for practical transformation. Then it focuses on the concept of rights with Chinese characteristics and suiting China’s basic conditions on the basis of Marxism thoughts. It emphatically analysis the people-oriented thoughts in scientific development concept which advances our right view to a higher level. The integration of people-oriented thoughts and legal lay a solid foundation for people’s all-round development.The third part discusses how to solve problems of human flesh search under the guidance of Marxism thought of right. Firstly, it reveals the legal status of the right exists in Chinese human rights laws from legal rights protection for people and profound instructive of the right thoughts of Marxism philosophy that provide a theory and social background for solving the right conflicts in human flesh search. Secondly, it describes that the network have some effects on rights by explaining the features of the network environment. And then it finds a balance between the right conflicts on the basis of this method to arrange rights reasonably. Finally, we should consummate legislation to make sure that the human search can play its positive role.The conclusion is a summary of the full text content and emphasizes that we should have a dialectical view of things. It confirms the important guiding significance That Marxism thoughts on rights gives to the new problems of human flesh search. The integration of Marx’s thought of right will bring the positive function of human flesh search. And further it puts forward that we should standardize new things by taking the law as the dominant means, and moral, habit as auxiliary means to balance the relationship of various rights.