The Research Of Network Infringement Of Personality Rights

Right of personality is the basis of the survival and development of individuals in society,it is a basic right of "why a person is a person" Its contents include the right to a name,portrait,reputation and privacy and so on. With the arrival of the information age,the way people live and work have been changed.Nowadays,almost all areas of society can not be separated the internet.However,the consequent infringement of personality rights issues can not be ignored.The internet is a virtual environment,huge information flow rate allows people to express their views on a broader free-space.But this also led to a large number of harmer,illegal transmission of speech,which include insult,defamation and the misdeeds of exposing another’s privacy information.In addition,the extensive coverage and rapid speed of internet is incomparable by other media,which resulting the infringement consequences become immeasurable.In recent years,the fast development of China’s network is obvious to all.At the same time,the change of the characteristics of the traditional legal relations arising for network and new legal relationship can not to be accurately estimated by legislators. With the aid of the legislative means to solve the complex civil law relation of network can not be achieved overnight.But a lot of civil legal problem urgently needed to adjust have encountered in the judicial practics in the network environment,the judiciary can not be refused to referee duo to lack of appropriate norms.Legal resources in our existing network can also be applied to internet infringement,such as the right to a name,portrait,reputation provided in "General Principles of the Civil Law " which without provisions of privacy right applies to the network personality rights all the same.But privacy was classified to the right of reputation and applied in two judicial interpretation of the Supreme People’s Court,"the Answers to a number of Issues on the Trial of the Case of the Right of Reputation," and "the Interpretation of a number of Issues on the Trial of the Case of the Right of Reputation ".Our country also have network legislations,such as "Internet Information Services","Internet Electronic Bulletin Service Management Requirements","Measures for the Administration of Internet e-mail service","Information Network Transmission Right Protection Ordinance ".These laws are made on the network personality rights protection provisions.This shows that the protection of online infringement mostly provided in administrative regulations or separated regulations.and did not form a completed legal system.Article36in the "Tort Liability Act" provided the network infringement in a legal form for the fist time,but on the application of the law,the law and administrative regulations will inevitably conflict.In addition,the complex network infringement cases can not be covered by a provision.To this end,the author analyzes the experience of foreign countries in the protection of network infringement and compared the current situation of our country to find a mode suitable for the protection of our network infringement.After analysis,in the protection of privacy,the two models of the self-regulation model of the United States and the EU’s legislative mode are typical.Japan learn from these two models and implemented the main legislative mode,supplemented by self-regulatory mode protected mode.This reference our privacy protection.I believe that it is suitable that our country take a comprehensive protection mode which mainly take legal regulation,supplemented by industry self-regulation and technology protection mode.Therefore,it is particularly urgent to develop a dedicated network legislation.In addition to the legal remedies to make the rights of the victims get relief,we should also make use of other forces.Other relief is mainly socialization sharing.This relief try to introduce the insurance system and relief fund system.Thus the national and social forces are involved to protected the rights of the victims.A specific structure of this article is as follows:Part one:This part mainly analysis the the concept,characteristics and against the object of network infringement of personality rights departure from the basic theory.Part two:This part mainly analysis the responsibilities of network infringement identified form responsibility subject,imputation principles,means of responsibility and defenses.Part three:This part mainly analysis the practice of the Untied States,European Union,Germany and Japan on Network personality rights protection starting form the point of view of comparative law.Pate four:This part propose recommendations to improve the protection of personality in network environment from two aspects of the legal remedies and other relief according to the current situation in our country.