Research On The Infringement Of Personality Rights In The Network Virtual Environment

The advent of the era of big data has made the regulation of Internet infringement more urgent.The concealment,convenience,and virtuality of the Internet have promoted the emergence of "virtual personality".More and more people tend to build a virtual world.This is equivalent to the sustenance of real personality.Judging from the current situation in my country,the vast majority of netizens have suffered more or less infringements from the Internet.The reason is that the protection of personality rights in the virtual network environment in our country at this stage is still stuck in the provisions of the Civil Code on traditional personality rights.It does not incorporate the characteristics of current network infringements to make laws and regulations.It involves personality rights in the virtual network environment.The laws and regulations for the protection of rights are not yet complete,and scholars at home and abroad have not yet come to a consensus on the "virtual personality".Judging from the cases of infringement of personality rights in the virtual network environment in recent years,there are widespread inadequate laws and regulations regarding infringements beforehand,and netizens have insufficient understanding of personality rights in the virtual environment;The conditions for the application of compensation for mental damage are too harsh,etc.,which cannot effectively punish such infringements.These are all directly reflected in judicial practice.With reference to the protection models of other countries,the industry self-discipline model and safe harbor system in the United States and the real-name system model in South Korea have achieved substantial results in the protection of personality rights in the virtual environment to a certain extent.Therefore,considering the current situation of our country,this article hopes to strengthen the self-regulation of the industry on the basis of improving netizens’ awareness of personality rights in the virtual environment while drawing on the advanced experience of foreign countries,in the legislation,clarify the personality rights of the subjects in the virtual environment,formulate a unified national compensation standard,increase the method of tort liability,solve the problems of low compensation and the difficulty of compensation for mental damage,and clarify the status of the personality rights of the relevant subjects in the virtual environment of the network In order to deepen the public’s understanding of personality rights in the virtual network environment,reduce the occurrence of personality rights infringement cases in the virtual network environment,and play a certain role in promoting the protection of personality rights in the network virtual environment.