Research On The Tort Of "Human Flesh Search"

It has been 14 years since the first case of "Human Flesh Search" in 2001 in china, which has been a major concern of society for its own tremendous influence. The paper includes five parts to give a detailed analysis on account of the more and more sensitive peculiarity.Part 1 is the introduction to " Human Flesh Search". This thesis primarily gives the specific conception of "Human Flesh Search" and summarizes its five characteristics as a new way of searching by comparison with traditional ones. According to the different behavioral purposes, it can be divided into four types which form its behavior pattern.In part 2, this thesis draws a definite line on the tort of "Human Flesh Search", including legal acts, tort and illegal acts and sums up features and causes of this peculiar network tort.In part 3, this thesis provides tortious object of the " Human Flesh Search" tort. The tort of "Human Flesh Search" cannot happen overnight. It has a complex behavior process and would infringe on the right of every aspect.This part introduces and analyzes some rights which are the most vulnerable to infringement and their corresponding concrete manifestations.In part 4, this thesis offers the responsibility of "Human Flesh Search" tort. It divides the subject into chief responsible, initiator and provider of internet searching based on the role in network tort and discusses their relevant obligation and possible infringement act. Besides, it also elaborates the corresponding doctrine of liability fixation that the subject should bear and the rationality of principle.In part 5, this thesis introduces emphatically some concrete measures, including legislation on the tort of "Human Flesh Search" and safeguard of civil rights such as right of privacy and reputation and so on. It then discovers the inadequacy and gives perfection suggestions.