跨境电商中“网络用户隐私权”的侵权法律适用研究
Research on the Application of Infringement Law of “Internet User Privacy” in Cross-Border E-Commerce

近年来，世界经济向数字化方向转型的进程加快，跨境电商也应运而生且迅猛发展。相较传统上面对面的交易模式，通过虚拟网络进行商品跨境交易既快捷更全面，尤其是当前移动设备的普及，带动更加庞大的跨境电商业务，可以说当前跨境电商已然发展成为所有业务领域中最重要的营销渠道。人们在享受电商带来的快捷服务时，也同样面临新的法律问题。其中“网络用户隐私权”的出现就是最为引人注目的问题之一。除涉及“国家安全”和“公共利益”等情形外，各国往往仅根据各自不同的立法价值取向做出判断，进而导致面对涉外“网络用户隐私权”纠纷时，只能各自为政，且法律适用的效力极其低下。因此，在涉外侵权的冲突法适用规则上，尚未形成一套统一且有效的破局对策。本文以跨境电商下境内消费者权益保护为立足点，结合我国司法实践问题和境外权益保护制度探索研究，充实跨境电商中“网络用户隐私权”法律保护内容。
In recent years, the transformation of the world economy to digitalization has accelerated, and cross-border e-commerce has also emerged and developed rapidly. Compared with the traditional face-to-face transaction model, cross-border commodity transactions through virtual networks are faster and more comprehensive, especially the current popularity of mobile devices, which has driven a larger cross-border e-commerce business, and it can be said that cross-border e-commerce has developed into the most important marketing channel in all business fields. When people enjoy the fast service brought by e-commerce, they also face new legal problems. Among them, the emergence of “Internet user privacy” is one of the most striking issues. Except for situations involving “national security” and “public interest”, countries often only make judgments based on their different legislative value orientations, which in turn leads to disputes involving foreign-related “Internet user privacy”, and the effectiveness of the application of the law is extremely low. Therefore, there is no unified and effective set of countermeasures to break the situation in terms of the rules for the application of conflict of laws for foreign-related infringements. Based on the protection of domestic consumers’ rights and interests under cross-border e-commerce, this paper explores and researches China’s judicial practice issues and overseas rights and interests protection system, and enriches the legal protection of “Internet user privacy” in cross-border e-commerce.