Research On The Identification Of Network Infringement Of Personality Rights

The right of personality is the basis of existence and development for everyone.As a basic right of citizens,it plays a central part in the whole civil law system.Over the years,as the economic era quickly advances,the connotation and extension of personality rights have been constantly enriched and extended.From the perspective of the connotation of personality right,the content of personality right includes the right of name,right of portrait,right of reputation,and right of privacy,etc.In terms of the denotation of personality right,the emergence of the Internet has provided a broad platform for people to freely obtain information and communicate.While the citizens’ freedom of speech and right to know has been fully realized,it also has gradually diversified the originally single carrier of personality rights..However,according to the philosophical view that everything has two sides,despite of the various advantages,the Internet must also have its defects.Although it brings much convenience to our life,it often leaves our personal privacy,personal reputation and other rights of personality under the threat of infringement.Therefore,in order to better protect the personality rights in the network environment,we must first carry out a detailed study on the identification of network infringement of personality rights.From the perspective of Civil Law,the paper explores the identification of network infringement of personality rights.On the basis of exploring relevant concepts such as the characteristics of online infringement on personality rights,the object of infringement,main forms and so on,selecting multiple cases of network infringement of personality rights as the entry point,the paper conducts an analysis of the most typical form of online infringement on personality rights,namely "cyber manhunt",in which the related questions such as the right of privacy and reputation violated in the process are expounded.Finally,combined with the present legislation in our country,the problems existing in the identification process of online infringement of personality rights in China and the ways and means to solve them are analyzed legally.In addition,relevant suggestions for more accurate identification of online infringement of personality rights in judicial practice and better protection and relief of personality rights of the infringed are also proposed.The specific structure of the paper is as follows:The first part of this paper is the Introduction part,which presents the research background,research significance and research methods of this paper,and then it provides the relevant research trends at home and abroad.Finally,the research focus of this paper is determined,thereby leading to the research content of this paper.The second part contains the conceptual analysis of network infringement of personality right,mainly exploring the Internet infringement of personality right from three aspects,namely the definition of the concept of the Internet infringement of personality right,the object of infringement,and the main form of expression.On this basis,the right of reputation and privacy violated in the process of "cyber manhunt" is determined as the research focus for the paper.The third part is mainly the typical cases analysis and dispute focus.By analyzing and introducing the first case of "cyber manhunt" and two other typical cases in China,the focuses of dispute involved in the cases are summarized and analyzed in great detailed in the following part.The fourth part involves the analysis of identification of network infringement of personality right.Based on the case analysis,the paper thoroughly probes into the constitutive elements,the principle of liability attribution,the subject of liability,the form of liability and other aspects of the network infringement of the right of personality.How the network infringement of personality rights is identified in the legal level and judicial practice is discussed and studied in great detail.Furthermore,the problems existing in the identification process of online infringement of personality rights and relevant solutions are deeply analyzed,which offers certain reference for the identification of online infringement of personality rights in the future,so as to better protect the citizen’s personality rights.