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On Legal Protection Of The Public Person's Right To Privacy

Posted on:2004-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z S HuangFull Text:PDF
GTID:2156360122470120Subject:Law
Abstract/Summary:PDF Full Text Request
Currently the theories concerning the protection of the public person's privacy primarily are "the public interest theory" and "the benefits measures theory". The former insists that the public's interests in the public person's individual life is the main reason to restrict the right to privacy of the public person. As for the public person, what is the public's interest in, what is not the public person's privacy. The latter declares that because the public persons have got magnitude material and spiritual benefits, so their rights to privacy must be restricted. The two theories above both have inside blemish. The right to privacy of the public person will not be protected properly if the two theories are used as instructions in the judicial practice. The author of the thesis argues that the public person's privacy scope is narrower than the ordinary person's is not because the public's interest in the public person's individual life or the public persons have got magnitude material and spiritual benefits, but because the public persons must expel some private matters from their privacy which has relation with other people according to their social activities. As the public persons have more activities in depth and wideness than ordinary people, so they must expel more private matters from their privacy. At the same time, every person's including the public person's scope of the right to privacy is influenced greatly by his national tradition and the development of the economic and culture of the society he lives in. In the judicial practice, when the conflicts occurs between the public persons' rights to privacy and the public's freedom of speech, we must judge it whether offend the public persons' rights to privacy, according to the theory of rights being protected equally and the principle of having relations to the public persons' activities. In the lawmaking, we must draw lessons from abroad and then perfect our law on the protection of the public persons' privacy.
Keywords/Search Tags:the public person, privacy, social contact, public benefits, legal protection
PDF Full Text Request
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