Discussion On The Conflict And Coordination Between The Personality Rights And Public Security

In 2009, there was an event called The Blacklist of Xiamen Airlines, which aroused people's attraction towards the conflict between the personality rights and public security. Then 2010, a general concern about the privacy and security problem was made by the naked security check in American. The conflict between the personality rights and public security formed a discussion about the conflict and coordination, among the personality rights in private law and public security in public law. The research on this conflict has great significance, especially for deepening the research on the system of personality rights of our country, so as to provide a solid theoretical and legislative basis for the civil code which is now being established. As the hysteretic quality of our laws, the relative regulations on the personality rights are imperfect.On the one hand, the specific regulations in focusing on the personality rights are not being built up independently, or even without a legislative confirmation to a general personality rights, which should reveal all the details by certain laws. Thus, when people's personality rights were invaded, especially those new types, they should face the predicament that they cannot receive protection or compensation, for the lack of legal basis. On the other hand, without setting up principled regulations clearly towards the conflict problems among the personality rights and others rights, including the private rights and public rights, then those rights can be easily abused and invade the personality rights.In view of these situations, the paper is beginning with the conflict and coordination of the personality rights and public security, taking the examples of relative regulations of protecting and restricting the personality rights from foreign countries, and then provides some suggestions towards the conflict problems of the personality rights and the public security. The paper is mainly relating and analyzing the appearances and causes of conflict, the judicial basis of coordination, the principles of coordination, the measures of coordination, as well as the suggestions to legislation. A preliminary discussion is brought out in this thesis, with a mean to establish a perfect mechanism in coordinating the conflict between the personality rights and public security, so as to protect the personality rights more helpful.