The Juridical Analysis About Personal Information Protection In China

In today’s society, information resource becomes the most important treasure ofthe society. Personal information has important social value. With the rapiddevelopment of the information society, have brought us not only the convenience ofthe public life, but also appeared a lot of tort phenomenon, which is affecting thenormal life of the public. So we need formulate personal information protectionimmediately. Although China promulgated the "information security technology inpublic and commercial information service system of personal information protectionguidelines" in2013February, but still have many problems to be solved. So in thispaper, I will stand the perspective of jurisprudence and base on the value orientation,which carries on the analysis to the present situation of our country’s personalinformation protection in order to explore suitable for China’s law.The author thinks that we should base on the reality of the development ofmodern society and situational. We should treat personal information rights of citizensseriously. Establish the basic concept which is people-oriented, supremacy of humanrights, rule of law, democracy, and rights protection and so on. We should giveconsideration to two or more things about individual interests, group interests, andsocial public interest. Through learn, absorbing European and American countries ofthe advanced legal system, the construction and perfect the rich Chinesecharacteristics and era characteristics of the constitution, the laws and regulations,local regulations various multi-type coexistence system of legal protection of personalinformation rights, form the institutionalization and legalization and standardizationof measures, mechanism and means, to form a productive beneficial legal protectionand remedy system, so as to fully protect the rights of citizens’ personal information,guarantee citizens’ freedom and rights and interests.This article is divided into four parts which is based on legal analysis of personalinformation protection: Part one: Analyze the concept of personal information and the right of personalinformation. Firstly, I make analysis the concept of personal information. Secondly Imake analysis of personal information right of the right attributes. That personalinformation right has dual attributes, which have both personality right and propertyright nature. It is difficult to be classified as the specific rights category. Thereby, thepersonal information right is a new right independent.Part two: Analyzed the underling legal principle of personal informationprotection, mainly from the legal basis of the two aspects of legislation. First,theoretical basis are discussed respectively from the conflict of humanism, the theoryof human rights, rights and interests balance theory; Secondly, from the point of viewof the individual, government agencies, businesses of the three kinds of stakeholdersto discuss the legislation should be formulated as soon as possible the real demand.Part three&Part four: Analyzed the value orientation of personal informationprotection. The value orientation of the personal information protection is diversified.Conflict is inevitable. Part three, focus on the analysis of the personal informationprotection law of value orientation and conflict and integration. Part four, analysis ofthe value orientation of the European counties and the untied states of America. Andthen, the value orientation of our country should adhere to the.Part five: Based on value orientation，Analysis of the current situation andlegislative defects of legislation in China. Afterwards, make some assumptions on thepersonal information protection law.