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Research On The Right To Private Sphere

Posted on:2011-06-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:R ShiFull Text:PDF
GTID:1116360305453738Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right to privacy is written explicitly into the newly promulgated Torts Law of People's Republic of China. However, due to the deficient understanding of this right and the unclear statement by law, academics haven't specified the exact contents of the right to privacy. This article, by analyzing the characteristics of tortious behaviors which intrude other's privacy, puts the right to privacy into two categories—the right to private sphere, and the right to private information, thus, focuses on the right to private sphere. This article encompasses ontology and judicial remedy theory. By doing so, the author hopes to comprehend the right to private sphere thoroughly and deeply.Chapter 1 introduces the legal environment of civil law, and discusses the status of the right to privacy in such legal environment. The first chapter makes clear that we should focus on the specific institution of the right to privacy, thereby, we can get thorough understanding of this right. It is an important way to deepen the research of the right to privacy that integrating the concept of the right to private sphere into the existing legal system.Chapter 2 discusses some basic aspects of the right to private sphere. The private sphere is the object of the right. It is the prerequisite for the existing of the right to private sphere. By acknowledging the dualism of sphere, we can prove the existing of personality sphere. Thus we can discuss the definition and the standard of private sphere.After we make clear the concept of private sphere, Chapter 3 analyzes the basic questions of the right to private sphere. In this Chapter, the author studies comprehensively on the definition, nature, subject and object of the right to privacy. As an important content of ontology, this chapter means to depict a clear contour of the right to private sphere.In Chapter 4, the author demonstrates the legitimacy of the right to privacy sphere. This chapter compares and analyzes three theories--human dignity theory, free-will theory, and information control theory--to prove the proposition of the legitimacy. Thus, the author provides the merit to determine the legitimacy of the institution of the right to private sphere. At the end of this chapter, the author states that, under current social circumstances, the legitimacy of the right to private sphere comes from its protection of the freedom of human beings.Chapter 5 talks about the principles of accountability and elements of liability. By reviewing the principles of accountability in Torts, the author claims that different tort liability should have its own principles of accountability. When talking about the right to private sphere, this article believes that the liabilities of intruding other's private sphere should include eliminating damage and compensation for damage. Furthermore, this chapter provides each liability its own principle and elements.Chapter 6 deals with the legal ways to take the responsibilities of tortious behavior and looks at the exemptions of bearing liabilities when intruding other's private sphere. Through examining the internal logic of bearing liabilities of tortious acts, the author puts up the detailed contents of bearing civil liabilities, which includes cessation of infringements, extension of apology and compensation for losses. At the meantime, this chapter explores the possibility of application of injunction system in our legal environment. By investigating the relationship between the right to private sphere and public authorities and interests, this chapter sets the boundary of the right to private sphere. Then, this chapter talks respectively about exemptions on different levels—civil law, torts and the right to private sphere its own.Chapter 7 develops the analysis into the typical tortious behaviors of intruding other's private sphere. The author studies on the connection between torts model and cause of action, analyzes the standards to classify the tortious behaviors of intruding other's private sphere, and then puts tortious behaviors into three categories—trespass, snoop and harassment.In Chapter 8, the author states that the key point of this research is the protective model of the right to private sphere. After examining the judicial practice, we can compare the value of different protective model, and contrast the advantages and shortages of civil law protective model, criminal law protective model, administrative law protective model and constitutional protective model.
Keywords/Search Tags:The Right to Private Sphere, Boundary of the Right, Classification, Protection by Multi-departments of Law
PDF Full Text Request
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