个人信息保护立法价值冲突及其协调研究-法学理论专业论文.docxVIP

ABSTRACT ABSTRACT ABSTRACT In the information society, As the internet advances and the speed of transmitting information rises，the illegal handling and illegal using of personal information are becoming more and more popular. The leaking and the misuse of personal information already bring grade confusion to persons, and it even effects stability and harmonization of society. In the state of information society, it is the core point how to speed the course personal information protection legislation, according to the real situation of our country. From the perspective of jurisprudence, every legal system is a result of definite conflict of values and coordination of value. The personal information protection legislation also is so. In the course of making personal information protection legislation, we must meet the basic problem of jurisprudence on the law of conflicts and the coordination. As the legislator on personal information protection, we must do our choice among values, and degrade the conflict between all kinds of values by dealing of true systems, and therefore it could realize the coordination of values and really reach the goal of legislation .the author analyzes the personal information protection legislation. According to above views, the author use the theory of jurisprudence on the law of conflict of values and the coordination as the basic theory and format .the paper is divided into four parts, each part of the essential elements are as follows:Part I: Personal Information protection legislation and the theory of conflict of legal value This part of the personal information protection legislation and the basic theory of value conflict studies, is the base for further study of the article. First it examines the concept of personal information and the necessity of personal information protection legislation; and then conducts a preliminary study on the value of law conflict theory .and it also study the meaning of the value of law conflict theory