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Research On The Civil Law Practice Of Personal Information Protection In My Country In The Era Of Big Data

Posted on:2020-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2436330575459250Subject:Law
Abstract/Summary:PDF Full Text Request
Article 111 of the General Principles of Civil Law stipulates for the first time the protection of personal information in the form of civil basic law,which reflects the value consideration of civil law.The personal information of citizens is protected by law,and no organization or individual may infringe on the personal information of citizens,which is undoubtedly an improvement over the decentralized legislation of personal information protection.However,this general law also has its shortcomings.For example,if the appearance of the rights of personal information in the law is not legal or legal,the distinction between personal information rights and privacy rights is not clear,and the legality standards for collecting and using personal information are unknown.Etc.,the above problems can easily lead to the occurrence of "different judgments in the same case" in practice.This paper firstly sorts out the disputes between the theoretical circles on the system of personal information protection in our theoretical circles.Then,through the case analysis method,it analyzes the status quo of the judicial application of Article 111 of the General Principles of Civil Law,and summarizes the legal problems faced in the process of judicial application.And the conflicts in the theory,from the two dimensions of practice and theory,put forward their own suggestions,in order to improve China’s personal information protection system.
Keywords/Search Tags:Article 111 of the General Principles of Civil Law, Personal Information, Judicial Application
PDF Full Text Request
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