Font Size: a A A

On Privacy & The Corresponding Law Protections

Posted on:2005-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:D Y XiaoFull Text:PDF
GTID:2156360122499443Subject:Law
Abstract/Summary:PDF Full Text Request
The right to privacy is a concrete and independent character right , aiming at keeping the calm of natural people's life and psyche. With the development of human civilization, people have stronger self-recognization and more respectfully independent character , thus the protection of privacy becomes more significant . The writing purpose of this article is to analyze the elemental theories of privacy comprehensively and systematically, and put forward some suggestions to the law protections of privacy in China.Part One: Personal Secrets & PrivacyThe personal secrets are the protective target of privacy; therefore, the prerequisite of researching privacy is the definition to the personal secrets. The consciousness and conception on the personal secrets of human stemmed from the sense of shame of human when human separated himself or herself from the animal circle to be human. The western canon "Holy Bible" also recorded that at the beginning of Genesis, Adam and Eve ate the forbidden fruit, which brightened their eyes, then they knew the embarrassment of nakedness, accordingly, they wove the skirts with the leaves of the fig tree to cover up their embarrassment. The story also proved the remote past of the consciousness of the personal secrets of the original people, furthermore, when the human society entered the age of civilization, the social productivity was advanced to a great extent and the social relationship became more complicated, consequently, the conception and consciousness of the personal secrets was further developed.The consciousness of the personal secrets and the conception of privacy in the sense of modern times stemmed from the struggle that the bourgeoisie opposed the autocratic feudalism. Its original formation presented the human-centered thought and the conception of human right of the bourgeoisie, and its elemental connotation was people's desire to the freedom of the private life. In 1890, the professors of American Harvard, Louis· D· Brandes and Samuel· D· Wollon put forward a new right in "Privacy"——"an incomprehensible right", i.e., the conception of privacy was put forward for the first time in America, soon afterwards, the legislation on privacy also improved gradually. The enhancement of self-consciousness of the citizens in modern society demanded the independent space of personality, however, the social relationship increasingly became complicated, and the private space of the citizen was easy to be infringed. Especially, the coming of Internet age made the protection of privacy face more complex difficult problems.Part Two: The Conflict of Privacy & the Relevant RightsThe conflict among the rights is a kind of more universal phenomenon in modern society, and the privacy and the right of knowing the details of an incident are just a couple of mutually conflicting right. We should distinguish between the contradictions of the protection requirements of privacy & the right of knowing the details of an incident in the category of public right and private right if we are to reconcile the conflict between the two rights. While the conflict of privacy & the right of knowing the details of an incident in the category of public right happened, we should adopt the prior principle of the social public interests to protect the right of knowing the details of an incident and limit the privacy; while the conflict of the social right of knowing the details of an incident and the personal right of knowing the details of an incident & privacy in the category of private right happened, we should give consideration to the balance of the two interests and comfortably coordinate the two rights.There is the intrinsic antagonism between privacy and the freedom of the news. The system of the personal secrets has the conservativeness and closeness for it can guarantee that the citizen himself can control the information of his own and made the personal information suffice him to avoid being intruded into and disturbed by the external world; the system of the freedom of the...
Keywords/Search Tags:Corresponding
PDF Full Text Request
Related items