A Study On The Problem Of Personality Right Infringement Online

The right of personality in civil law refers to the right of civil subject to the interests of others to exclude others against the rights.The role of personality right in the legal system is irreplaceable,is the individual survival and development of the basic rights of society,can effectively maintain the human status and dignity.In recent years,the network technology has experienced a rapidly development,in the community to provide great convenience but also for the new personality rights infringement way to create potential problems,especially with theemergence of Micro-blog,Wechat and other media so that people get more Broad freedom of expression,but also for the violation of the rights of others to provide a more convenient way.The network is virtual and super-regional,which makes the infringement simple,infringing subject is difficult to determine,when the infringement of other people's personality,such as damage to the reputation of others,violations of privacy and other acts,easily lead to extensive and rapid spread,causing serious infringement results to the parties.Unlike the traditional way of infringement,online infringement is difficult to determine in the specific case of the original defendant and evidence is very difficult,unique cyberspace also makes the infringement difficult to determine the jurisdiction.The phenomenon of network infringement emerges one after another,the lag of law and the complexity of network management make it difficult to protect the tort of online personality.The current right of personality online infringement mainly rely on "tort liability" Article 36 and the relevant judicial interpretation to standardize the protection,the lack of more specific and detailed legislative provisions,the law on the concept of privacy and protection are not specified,nor the development of Special personal information protection law,personality rights online infringement judicial relief there are still many shortcomings.Europe and the United States formed a relatively complete system of Internet infringement protection in the long process of development,the United States network defamation rules and industry self-discipline-oriented network privacy protection framework,the Europe's network Legislative protect model has a good reference for advanced experience.Perfecting the right of personality in our country should be dealt with both from the legal and the system.Personality right online infringement is finally through the legal way to achieve the relief,and the system can effectively make up for the lack of legal provisions,the two complement each other to achieve better infringement protection.The legal approach should first clear the connotation and extension of the concept of privacy in the civil law,as soon as possible the introduction of personal information protection law,and should also continue to improve the "Tort Liability Act" Article 36 and the relevant provisions of judicial interpretation,you can consider the development of specialized networks Legislation or in the case of personality rights under the provisions of the network environment under the infringement protection.The prevention of personality right online infringement is also very important.Through the implementation of limited network real name system can be in the more critical areas to regulate the freedom of speech of Internet users,punitive damages system can effectively deter and alert potential infringer,these two systems can effectively prevent and reduce the phenomenon of infringement of personality right online.