Theory Of Administrative Legislation To Protect Personal Information

Administrative law department law differs from civil law, criminal law, especially the complex historical and social background in China, the administrative law basis, ideas are very weak. Such as:public power is not restricted, man is more than the notion of the rule of law as the truth exists deep-rooted in people heart. Even today, the administrative law also still give a person the sense of the operation, compared with the civil law, criminal law, administrative law seems to have close contact with citizen’s life in China is not. Admittedly, this kind of idea is very wrong. Administrative law in our country after20years of development, obvious bigger achievements have been made in the at the same time, behind success still has a lot of not allow to ignore, the disadvantages of legislation on personal information protection in China is an urgent need to solve the problem. With the popularity of computers and the Internet, we are living in an era of information so developed, are moving in a right height make public of the century. In the information society, all kinds of information complicated, dazzling, overwhelmed, people tend to image called "information explosion". This metaphor is just reflects the unique situation of the information society. Riot of color information in the grand view garden, the personal information of its own, abnormal, because information and vital interests of each and every one of us are inseparable, is worthy of the name "relevant". Personal information is a large number of collection and utilization by the public sector, and access and use by the private sector. Some laws and regulations about personal information protection in apply to public sector at the same time, often also apply to the private sector. Personal information protection is not a separate legal laws and regulations, but need to be integrated into, punishment law and administrative law, the legal department of the above research, reference of foreign typical code for reference, the structure of a system of legal protection of personal information. Accordingly, can say it is a across multiple departments in law field of important research problem, research the protection of personal information are valuable theoretical value and profound realistic significance.Apart from the introduction chapter opening, this paper will be divided into the following four parts:In the first part, this paper studies deeply personal information for administrative law to protect the basic theory research, comprehensive legislative achievements of the world’s major countries and regions and jurists for various academic point of view, On this basis to the right of personal information and personal information are defined, and expounds its connotation and denotation of the specific content. Finally summarized the meaning of the administrative law protection of personal information.In the second part through the Internet and books in the collection, the legislation achievements on the main countries and regions in the world, study the history of its legislative process, comparing their advantages and disadvantages. Especially in the European Union, the United States and Japan are three countries and regions as a typical for understanding research, Concluded that the EU directive about personal information highly unity, the United States is scattered to distinguish in the field of legislation, supplemented by industry self-discipline mode, Japan as Asian countries, it is our neighbour, although its legislative process started very late, but the Japanese through the traditional model of the European Union, the United States fully research, absorbed the essence of the two parts, on the basis of based on its national conditions, created a set of effective, another compromise model more perfect. These are all can choose as our future legislation and legislative mode of valuable experience to draw lessons from.The third part is in this summary discusses the experiences of foreign administrative law protection for personal information, further clarify the present situation of China’s existing laws and regulations. Find out China’s current laws and regulations and have no direct protection of citizens’personal information, on this basis, this article analyzes this problem and derived out the cause of the other problems, Is China one thousand years of traditional ideas cause civil personal rights, their rights protection consciousness, the lack of laws and the legal system is not perfect. Accordingly Suggestions first in our country from the perspective of indirect protection of citizens’personality right and dignity, and as a breakthrough and legislative basis, found that the problem can solve the problem.The fourth part mainly is clear several basic principles of personal information protection system in China, based on the study of three types of personal information protection legislation mode, legislation to clarify our country should choose the correct mode. Lists existing personal information protection in China of all kinds of legal basis, Comments on the points, for example The open government regulations, The state compensation law, The household registration ordinance Three and personal information is closely related to the outcome of the current laws and regulations and needs to be repaired. Suggestions in integrating the existing legislature were scattered about the terms of the personal information protection laws and regulations, on the basis of introduced as of a specific personal information protection law, and eventually to build system of personal information protection in China.