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Research On The Administrative Law Protection Of The Right Of Network Privacy

Posted on:2022-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2506306473993489Subject:Master of law
Abstract/Summary:PDF Full Text Request
The new era of Internet has come in the continuous popularization,development and use of network technology.We can’t work,study,live or even socialize without the Internet,which is constantly changing people’s lives,but it’s a double edged sword.The more people use Internet technology,the weaker the protection of personal privacy will be,the greater the risk of a breach of privacy.According to the display of big data,there are risks and challenges in the protection of the right to Internet privacy.The severity of Internet data infection with viruses is a serious problem,and the probability is as high as 90 percent,this will lead to the invasion of network privacy and illegal use of network information,so we put forward new challenges to the Protection of privacy in the Internet environment.We should not only protect the right of network privacy reasonably in private law,but also discuss and study the right of network privacy in public law.Therefore,we should consider the administrative law protection of the right of network privacy to protect the right of network privacy.In fact,the protection of the right to privacy in the network environment has the same protection rights and interests as the right to privacy in our real life,only the right to privacy in the network exists in the virtual network environment,and the right to privacy exists in real life.Therefore,under the premise of the protection of the right to privacy in reality,the issue of the protection of the right to privacy on the Internet should be derived,and combined with the main characteristics of the Internet,the right to privacy on the Internet should be protected,and the independent personality in the Civil Code should be compiled,the right to privacy has also made clear and specific provisions,so combined with the network,extended to the protection of network privacy.In the first part of this paper,through the introduction of the concept of network privacy,the analysis of the administrative law protection,the listing and analysis of the existing expert opinions on the Protection of Network privacy at home and abroad,for the Article Writing Structure Literature Summary,better completes the writing.The second part of the content of the network environment through the analysis of the increase in the number of Internet users and the need for the network for people to live and work,as well as in our use of the network for the frequent infringement of individual privacy cases,therefore,the state public power is duty-bound to protect individual privacy under the network environment.And the limitations of the existing relief of private law are analyzed for the Administrative Law to protect the network privacy system to build a feasible way.The third part narrates the current situation and problems of the administrative law protection to our country network privacy right,including the current situation of the administrative legislation,the current situation of the administrative enforcement and the current situation of the judicature.China’s administrative law in the protection of a series of legislative,accountability and regulatory issues,put forward these issues to better solve the problem.The fourth part studies the Administrative Law Protection of network privacy in other countries.The legislation,law enforcement and judicial models of the United States,the European Union and other more developed countries are more mature.In this sense,the article ponders the Administrative Law Protection of the right of network privacy in our country,and further consummates the legislation and the protection system.The fifth part should base on the practice,the administrative law protection of our country’s network privacy right should have the deeper level discussion,from the legislative aspect,on the basis of the original administrative law principle,establishing the legal principles of Administrative Law for the protection of the right of network privacy.The author also studies the application of the judgment standard of "reasonable expectation of privacy" and the administrative supervision,and introduces the concept of "reasonable expectation of privacy" in civil law to innovate the concept in administrative law.In order to our country network privacy right administrative law protection makes certain system innovation.
Keywords/Search Tags:Network Privacy Right, Administrative Law, Administrative Supervision, Reasonable Expectation of Privacy, Legal Principle
PDF Full Text Request
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