In recent years，Privacy legislation represented by the United States and the European Union，A competitive situation in privacy legislation is gradually forming around the world。my country’s Civil Code specifically stipulates the protection of personal app bet365 download in the section on personality rights，The "Personal app bet365 download Protection Law" was subsequently promulgated，In terms of the relationship between the two laws and how to understand and apply them，Causing some controversy in the academic community。The "Personal app bet365 download Protection Law" has the characteristics of a relatively typical "field law"，Closely echoes the Civil Code，Relevant subject rights stipulated in the two laws、Obligations and Legal Responsibilities，is the key point to structurally understand how the two laws apply。

　　Isomorphic and complementary rights of personal app bet365 download subjects

Personal app bet365 download for individual and public interests，Belong to the individual first。The public interest carried on personal app bet365 download may fall under the broad public nature to some extent，But this does not negate personal app bet365 download rights and personal app bet365 download rights model。The claims contained in rights ensure human dignity and freedom，This is also the legislative purpose of the Personal app bet365 download Protection Law。As far as there is legislative precedent，The civil codes or civil legislation of typical countries and regions with civil law systems basically do not clearly stipulate the protection of personal app bet365 download。But when China’s Civil Code was compiled，coincides with personal app bet365 download worldwide、When data protection legislation is booming，Personal interests pointed to by the "identifiability" of personal app bet365 download，Personal app bet365 download protection is stipulated in the personality rights chapter，Making China’s Civil Code reflect the distinctive feature of special protection for personal app bet365 download。

In terms of Article 1037 of the Civil Code and Articles 44 to 47 of the Personal app bet365 download Protection Act, which collectively stipulate the rights of personal app bet365 download subjects，The rights structure provided by the two laws is the same。Article 1037 of the Civil Code mainly stipulates the right of access to personal app bet365 download subjects、Reproduction rights、Right of objection and right of deletion；The "Personal app bet365 download Protection Law" stipulates the right to know of personal app bet365 download subjects、Right of decision、Right of access、Reproduction rights、Right of objection、Right to deletion and right to portability。On the overlapping rights stipulated in the two laws，The basic content and structure are the same；The "Personal app bet365 download Protection Law" further enriches the rights system of personal app bet365 download subjects，The "app bet365 download self-determination concept" legislative model of decision-making power reflects the uniqueness of Chinese law，Right to know、The increase in rights such as the right to portability is also related to personal app bet365 download outside the territory、Stay synchronized with data legislation。

The reason for exploring the applicable relationship between the Civil Code and the Personal app bet365 download Protection Law，Not only because statutory law countries themselves are faced with different laws that must consider how to coordinate their application when stipulating the same issues，This is because there is a dispute among academic circles over the nature of the rights of personal app bet365 download subjects as they are stipulated in different laws。For example，Some commentators believe that the rights in the "Personal app bet365 download Protection Law" are procedural rights，Which raises doubts about whether an individual can exercise the corresponding right to claim based on legal provisions。As a statutory law country，Legal provisions are the most basic basis。Articles 44 to 47 of the "Personal app bet365 download Protection Law" all stipulate that "individuals...have the right"，This means that individuals have the right to exercise corresponding requests based on legal provisions。As Dworkin said，When we say someone has the right to do something，If others interfere with him doing this，Then this intervention is wrong，Or at least show，If to justify interference，Some special reason must be given。This is the simplest understanding of the connotation of rights，The exercise and relief of such rights can be achieved through judicial channels。At the same time，The state should also ensure the realization of these rights through a series of institutional arrangements，But this does not negate the nature of the corresponding claim。

In terms of legal application，When explaining the content of rights，Right of access、Reproduction rights、The right to object and the right to delete can be applied to both the Civil Code and the Personal app bet365 download Protection Act，All refer to the personal app bet365 download processor、Copy、Correction and deletion obligations；Right of decision、The right to know and the right to portability shall be governed by the interpretation of the "Personal app bet365 download Protection Act"，The concept of decision-making rights runs through personal app bet365 download processing activities，The right to know is the foundation and core of the personal app bet365 download subject rights system，Right of access、Reproduction rights、Right of objection、Right to delete、Portability rights and other rights are a series of scattered and intersecting rights。Visible，About rights content、In terms of exercise of rights，The Civil Code and the Personal app bet365 download Protection Act are basically the same，There is no difference because these rights are provided for in different laws，As long as there are personal app bet365 download processing activities，Individuals have the right to exercise corresponding legal rights against personal app bet365 download processors。

　　“Beyond relativity” of obligations of personal app bet365 download processors

Personal app bet365 download protection legislation on a large scale、Highly organized personal app bet365 download processors are regulatory prototypes。Among the relationships among the "individual-personal app bet365 download processor-state" for personal app bet365 download protection，The obligations of personal app bet365 download processors reflect a certain level of hierarchy: on the one hand, they focus on the relationship between the "individual and the personal app bet365 download processor"，The rights that individuals should enjoy correspond to the obligations that personal app bet365 download processors should perform；On the other hand, it is committed to national security、The obligations of personal app bet365 download processors are stipulated from multiple perspectives such as app bet365 download security and social risks。Chapter 5 of the "Personal app bet365 download Protection Law" stipulates "Obligations of Personal app bet365 download Processors"，mainly focuses on the latter。

Personal app bet365 download processor’s responsibility notification to personal app bet365 download subjects、Query、Copy、Correction、Delete、Portability and other obligations。Based on personal app bet365 download processing activities，Individuals have the right to know and a series of rights to their personal app bet365 download。Article 1035 of the Personal Rights Section of the Civil Code、Articles 1038 and 1039 respectively stipulate the principles and conditions for the processing of personal app bet365 download、The security obligations of personal app bet365 download processors and the confidentiality obligations of relevant entities such as state agencies, etc.。The "Personal app bet365 download Protection Law" stipulates personal app bet365 download processing rules in Chapter 2，To stipulate the notification obligations of personal app bet365 download processors、Processing methods and other contents；At the same time，Personal app bet365 download subjects may request personal app bet365 download processors to perform corresponding obligations based on legal rights。In terms of specific application，The obligations stipulated in the "Personal app bet365 download Protection Law" are more detailed，Form a useful supplement to the corresponding provisions of the Civil Code，The provisions of the "Personal app bet365 download Protection Law" can be directly applied to specific applicable situations not provided for in the "Civil Code"。In short，In the relationship between an individual and a processor of personal app bet365 download，The corresponding rights and obligations are still configured around how to protect the rights and interests of personal app bet365 download，There is a relative nature between such rights and obligations、Correspondence and matching。

Technology in personal app bet365 download processing activities，The most significant feature is that it can achieve massive scale、Unlimited frequency of personal app bet365 download processing behavior。These behaviors and activities not only affect personal rights and interests，It may also cause security risks。Therefore，The "Personal app bet365 download Protection Law" stipulates the obligations that personal app bet365 download processors should bear with respect to individuals，Focus more on the security obligations of personal app bet365 download processors、Reporting obligation、Compliance audit obligations、Personal app bet365 download protection impact assessment obligations、Notification obligations and “gatekeeper obligations” etc.。In terms of legal application and liability determination，These obligations although mainly involve administrative responsibilities，However, these obligations may also become factors that determine whether the personal app bet365 download processor bears civil liability。Anyway，The obligations of personal app bet365 download processors run throughout the protection of personal app bet365 download rights and interests，Beyond the relative relationship between individuals and personal app bet365 download processors，It affects the protection of personal app bet365 download rights and app bet365 download security in more dimensions。

　　The difference between civil liability and the restoration

Personal app bet365 download processors who infringe upon the rights and interests of personal app bet365 download shall bear corresponding civil liability。Rights of personal app bet365 download subjects、Obligations of personal app bet365 download processors, etc.，The relationship between the Civil Code and the Personal app bet365 download Protection Law is more complementary and detailed，It is a cross in terms of legal application、Coordinated and applicable relationships。But in terms of civil liability，In fact, the Civil Code does not specifically stipulate the civil liability of personal app bet365 download processors，Article 69, paragraph 1, of the Personal app bet365 download Protection Law clearly stipulates the presumption of fault liability of personal app bet365 download processors，That is, "personal app bet365 download processor infringes upon personal app bet365 download rights and causes damage，Personal app bet365 download processor cannot prove that he is not at fault，Should bear tort liability such as damages”。This makes the legal application of civil liability，This provision of the "Personal app bet365 download Protection Law" shall take priority。

According to judicial practice，The relationship between the private law norms in the "Personal app bet365 download Protection Act" and the "Civil Code" belongs to special law and general law，Only by combining the relevant provisions of the two laws，Only in order to form a complete principle of personal app bet365 download protection、Rule system。Objectively speaking，It is actually difficult to make a general evaluation of the relationship between the private law norms in the Personal app bet365 download Protection Law and the Civil Code，But at least in terms of civil liability of personal app bet365 download processors，The "Personal app bet365 download Protection Law" embodies the special law characteristics that are relatively obvious。

Despite the principle of civil liability attribution，The "Personal app bet365 download Protection Law" has special provisions compared with the "Civil Code"，However, the determination of damage and compensation for damages should still be based on the relevant provisions of the Civil Code。In the usual sense，The purpose of damage compensation law is to compensate for damage、Damage Prevention and Punitive Sanctions。For the amount of damages，In principle, it should be determined based on the coordinated application of Article 1182 of the Civil Code and Article 69, Paragraph 2 of the Personal app bet365 download Protection Act。When infringing the series of rights of the personal app bet365 download subject，For query rights、Remedies for reproduction rights，Personal app bet365 download processor shall undertake inquiries based on request、Copying and other behavioral obligations；For the right to object，Personal app bet365 download processors are obliged to correct or explain；For the right to erasure，Personal app bet365 download processors should stop infringement、Delete personal app bet365 download, etc.。If the party concerned can prove that he has suffered mental damage，You can request corresponding mental damage compensation。

　(The author is an editor and reviewer at the Institute of Law, Chinese Academy of Social Sciences)