The Perfection Of Civil Relief About Privacy Right Under Big Data

With the development of technology and economic in twenty-one century,the development of sound recording,television showandvideocassette,as an acoustic personality areing getting more preson's heed.Actually,the widen of area of persons applying their voice,in additional,case of irrupting the voice right has been going up,and folks spend more heed on preservation of the right of voice.However,legislation or judicial judgement has no specific relieve actions,when the personality of portrait and name in tort,the plaintiff request compensationfor damage.The fame,privacy,portrait,voice and the freedom interest from the spirit damage become more important.So the commodity of the damage of personality request the classification of any modern personality interest.When consider this moment,we can know:the value of voice equate the value of portrait which has economic interest,the value of these personality usually be used by advertizing or market so on,the later be established by the right of portrait protected,or we have no legislation basis when suffer the question of protection of former,whether the use of the voice and voice interst refer to on the contrary of unjust compete law,the law of intellectual property rights,the law of literary work will work,by way of the right of voice contrast other rights,distinguish the difference of both sides,like the protection scope,establish basis,whether quoting other rights will be not enough,unclear relieve action,the overlapping of the right of voice and literary work,for ordinary person,it is very hard to distinguish the difference of both sides,create hole injudicial judgement,making parties feeling the the just and fair difficultly.lt is violated of the idea of constructing constitutionality nation,therefore we shall establish the new righs or a law to protect voice interst,this article demonstrate necessity of the right of voice throght wanalysis of case and comparative analysis.For the the essence of the voice,the necessary of establish of voice,actually basis and legal principle of the right of voice,and interface the right of privacy and trademark,distinguish similarity and difference,define the border.The article will contain:the quality of the right of voice,the principal part,object,content.The literary works include:including introduction,and else five pieces:Primary part:the inerface of the conception of the right of voice,in additional,studying the parallel of the conceptions of the right of voice regarding different researchers,drawing merit of the conception of voice of different researchers,combining the age of internet,mobile,endowed the importance of the right of voice in new age,second,establishing the conception of the right of voice,elaborating the legal characteristic of the right of voice,quoting basic quality of the right of personality,analyze the difference between the right of personality and the right of voice,third,the important meaning of actual basic of establishment of the right of voice.Number two part:talk over the juridicalbase for the construction of voice's right.First,it don't be stated by other interrelated rights.The right of voice cannot be stated by else personality right,intellectual property rights and brand rights.The third part:introduce legislative mode and pretense of the right of voice in foreign.as we all know,America is an case-quote nation,trial according to induction reasoning,also America adopt this way to protect the right of voice,in other way,protect by the anti-just compete law,and some case of the riht of voice will channel the right of publicity,but it shall satisfy the conditions in really,in additional,the legislation of the country of England and Australia,the area of macao in China adopt the form of legislative to protect.the method is to protect according to period of time of development.The forth part:generalize the constructing of system of the right of voice,the constructing of system of the right of voice divide three parts:first,define main body of the right of voice,the main body of the right of voice should be nature person,the establishment of object of right,last the establishment of content of right:proper right of voice,earnings of the voice,punishing and so on,establishing a right should be given relieve acions,analyze the important condition of tort of the right of voice:the behavior of tort,subject,injure result,the relation of cause and effect,according basic principal of the law of tort,in all endow the relieve actions.The fifth part:when exercising the right of voice,it shoud be restrict in some degree,exercising of any rights in circumscription,beyond the circumscription,making the restrict meaning of protect parties,no absolute right,the freedom of speech is also in limitation of law.