In terms of personal information processing and protection，The Civil Code and the Personal Information Protection Law are overlapping and different，How to coordinate the relationship between the two when applicable，The theoretical and practical circles are very concerned，and the point of view is not the same、The debate is quite large。

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Article 1 of the Personal Information Protection Law indicates that its legislative basis is constitutional，But it is not a sector law or implementation method in the constitutional field，Because its content contains a large number of specifications on personal information processing and protection between equal subjects，They are not aimed at adjusting the constitutional specifications of national and people's relations，but a typical civil specification，The relevant specifications of the Civil Code are homogeneous。If it is not based on the content of the Personal Information Protection Law，It only focuses on its legislative basis，It is easy to conclude that it cannot directly apply to the civil field，Therefore, there is no direct association with the Civil Code。This is the first premise of straightening the relationship between the two，It can be called an outlook on civil law。

The second premise is the view of equality。According to Article 7 of the Legislative Law, 1、3 models，"Civil Code" is the basic law formulated by the National People's Congress，"Personal Information Protection Law" is other laws formulated by the Standing Committee of the National People's Congress，The status of the former looks higher than the latter。In fact, it is not the same，Not only because the "Legislative Law" does not have such a effective level division，Also because of Article 7 of the Legislative Law、3 models，The legislative power of the National People's Congress and the Standing Committee of the National People's Congress has only different authority，There is no bet365 Play online games difference between high and low，The status of basic laws and other laws is completely equal。Therefore，"Civil Code" Bet365 lotto review and "Personal Information Protection Law" only formulate subject differences，There is no efficiency of the difference，When the two regulations are inconsistent，Can't reject the former。

These two premises are intended to emphasize the application of the "Civil Code" Bet365 lotto review and "Personal Information Protection Law".，For specific specifications and specific analysis when rational。Legal specifications are the results of the implementation of national legislative power，Concentrated reflects the cognition and willingness of the highest legislature，Related legislative materials -including the highest legislature and its composition agency's explanation of the draft legal case、Review Report、Demonstration of Laws, etc.，Respect these conclusions，For this different opinion，It is necessary to afford the resistance of specific specifications with the constitution、Acknowledged with the basic principles of its law、Legislative materials have contradictions、According to the conclusion of this result, there is an obligation to violate case justice and other argumentation obligations。This is the third premise，can be called respect for legislation。This actual means，When clarifying the applicable relationship of the "Civil Code" and "Personal Information Protection Law"，First, we should understand their adjustment tasks from the legislative materials、Regulatory objects、Applicable range、System connotation, etc. The facts of the legislators clearly，Instead of putting aside their explanation of their due explanations，If for a word or a certain clause，It is believed that the two have different adjustments or applicable scope，Make them well water without the water，Otherwise, it will excessively depart from the understanding and will of the legislators，Not conducive to their correct application。

　　Three applicable relationships

Based on the above premise，According to different situations，"Civil Code" Bet365 lotto review and "Personal Information Protection Law" have three specifications and applicable relationships。

First is the difference in application。Although the Civil Code and Personal Information Protection Law have adjusted personal information processing and protection，but subject to different legislative purposes，There are a lot of differences between the two，You must pay attention to these differences when applicable，Can't Zhang Guan Li Dai。For those who take it，Should pay special attention: (1) Differences in the scope of applicable。According to Article 72, paragraph 1，This method is not suitable for natural persons to handle personal information for personal or family affairs，"Civil Code" does not have this limited，It can be suitable for all civil acts related to personal information processing and protection。(2) Differences of regulatory objects。"Personal Information Protection Law" Article 3 shows that the law aims to regulate personal information processors to handle personal information activities，Article 73 (1) of the Law define personal information processing as a personal information processing activity.、Organization of the processing method、Personal，and network service providers may not fully meet this standard，Not the network service provider of personal information processor to infringe on personal information of others，Cannot apply "Personal Information Protection Law"，But it can be applied to Article 1194 to Article 1197。(3) System settings。For example，Article 1034, Paragraph 3 of the Civil Code，The former is preferred to apply privacy.，This indicates that private information and privacy have the characteristics of substantial intersection，Taking this as a prevail，Biometrics specified in Article 28 of the Personal Information Protection Law、Sensitive personal information such as medical and health may be completely attributed to private information，But sensitive personal information such as religious beliefs is likely not to belong to private information，Can't give priority to the Bet365 lotto review privacy regulations of the Civil Code。

Second, the first is to give priority to the relationship。The first half of the Legislative Law Establishment of the "Special Law is better than the general law" rule。From a formal perspective，"Personal Information Protection Law" is a law that specializes in adjusting personal information processing and protection，and its applicable range and regulatory objects are clearly limited，Compared with the Civil Code, it is special，It seems to be preferred。This understanding ignores the difference in specific specifications，Two regulations that belong to the "Civil Code" Bet365 lotto review and "Personal Information Protection Law" can be applied to the same situation，If a certain regulations are in the scope of applications compared to another、Essentials or legal effects are more special，It shows that the legislators have special considerations for this，Intentional to make it give priority to，Whether it is in the Civil Code or the Personal Information Protection Law，Both are special methods for priority applications。The Special Law of the Civil Code is the right thing for patients' personal information protection specifications。For example，The medical expenses of the patient belong to the personal information defined by Article 4, paragraph 1 of the Personal Information Protection Law，But Article 1225, Paragraph 1 of the Civil Code, eliminate it from the "medical record information"，Therefore, it is not checked in patients specified in paragraph 2、The scope of the right to copy，Combined with Article 18, paragraph 1 of the Personal Information Protection Law，Medical cost information，Patients are not protected by Article 45 of the Personal Information Protection Law。Another example，According to Article 69, Paragraph 1 according to the "Personal Information Protection Law"，The infringement liability for dealing with personal information infringement of personal information is damaged as the requirements，But according to Article 1226 of the Civil Code，Hospital bet365 best casino games leaked patient personal information，Or the infringement liability of the medical records without the consent of the patient，Do not take damage as the requirements，Self -properly applicable。The Special Law of the Personal Information Protection Law is suitable for the personal information protection specifications of the deceased。Article 994 of the Civil Code，The name of the deceased's name and other personality interests are infringed，Recent relatives have the right to request the actor to bear civil liability，and Article 49 of the Personal Information Protection Law，The dead relatives of the dead are only for their own legal、Advantages，Only exercise the relevant personal information of the deceased、Copy、Correction、Delete and other rights，Except for the deceased's other arrangements，Two -phase comparison，The latter limited the exclusion situation (the deceased had another arrangement)、Essential elements (the close relatives of the deceased for their own legal、Advantages), etc.，More special，It should be given priority。

Article 92 of the Legislative Law establishes the rule。Compared with the Civil Code，"Personal Information Protection Law" is undoubtedly a new law，When applying this rule，Should pay special attention: (1) There are inconsistencies suitable for the same situation，Otherwise, it is indispensable to apply the old method。When judging whether the requirements are consistent，As described earlier，To fully respect the legislation，Based on this, comprehensively uses literary interpretation、System Explanation、Purpose Explanation and other methods。For example，Article 1034 of the Civil Code and Article 4 of the Personal Information Protection Law is inconsistent with the expression of personal information，The former highlights the "identification" of natural persons，On the basis of the latter, it also highlights the "related" "related"，It seems different，But by consulting legislative materials，It can be seen that they can be used bet365 best casino games as a definition standard for identifying specific natural people，Different information related to natural persons is classified as the definition of personal information，It should be treated in essence。(2) Cannot apply "Special Law is better than the general method"，Otherwise, the special provisions of the old law should be applied，The aforementioned "Civil Code" related to patients' personal information protection specifications are typical。Examples to apply the rules of the "New Law to Old Law" are the personal information that has been disclosed without reasonable processing，According to Article 103) of the Civil Code，Its responsibility composition needs to infringe major interests of individuals，But according to Article 27, Personal Information Protection Law，It has a significant impact on personal rights and interests as its responsibility composition，The former limited the range of interests，exclude non -major interests outside，The latter limited the degree of influence，exclude the impact on non -significant abroad。Since they are applicable, the same situation，There is no general and special division，Article 27 of the Personal Information Protection Law should be applied。

Third is to cooperate with the applicable relationship。"Civil Code" Bet365 lotto review and "Personal Information Protection Law" each have a division of labor，It is too late，It can cooperate with the relevant specifications of the other party。For example，"Civil Code" agrees with the notification、Delete of the right lack of details，It can cooperate with the relevant provisions of the "Personal Information Protection Law"。Another example，"Personal Information Protection Law" does not involve the right to request personality、Personal rights ban and other protection mechanisms，Lack of details in terms of infringement liability，It can cooperate with the relevant provisions of the Civil Code。

　　(The author is a professor at the School of Law of Peking University)