On The Civil Law Protection Of The Right Of Privacy And Analysis Of Its Practical Application

The right of privacy is put forward as a law concept not long, and theoretically it is a concrete personal right that many countries identify with legislation or judiciary form, but there is still no definite definition of the right of privacy in our civil law now not, which is protected as honor right and other personality interest, therefore naturally bringing the problem of inefficiency in protecting the right of privacy in actual situation. In the Civil Law Draft the stipulation of the right of privacy is as this: Every natural person has the right of privacy, including the personal information, personal activity and personal space, prohibiting invading other person's privacy in any way like peeking, wiretapping, poking or revealing. This stipulation seems a bit simple to some extent. Herein the author composes a master degree paper with the title of "On the Civil Law Protection of the Right of Privacy and Analysis of Its Practical Application". This text, starting from the origin theory of the right of privacy, through the dialysis of the history from the privacy to of the right of privacy, proceeds to investigate to the protective necessity in law in right of privacy, expatiates the contents contained in privacy, and subsequently points out the present problem in protecting the right of privacy in our civil law, holding the view that there exist both the blemishon the lawmaking and the perplexity in the actual situation. In order to answer these questions, the author goes in from identification of the definition of the right of privacy, mainly expatiating the characteristics of the right of privacy to point out that the right of privacy is an independent personality right different from other personality rights, and that in the meantime its principal part is restricted to the living natural person subject to the limit of the social interest, with an obvious conflict to the right of knowing the inside story. But it is specially noted that the right of privacy has active functions as well as passive functions. The article does not tie down by finally to proceed the general statement to the civil law duty that violate the right of privacy from four important composing requirements, but sets out from the angle of the actual situation to discuss the important requirements, and to analyze and dissertate the category of infringement of right of privacy and the questions of whether to regard the token fact of mind pain as restricted conditions and the cross protection problem of right of privacy and right of honor. The paper is composed of five parts besides foreword and conclusion.Part One: Exploration of the necessity of legal protection of the right of privacy. The right of privacy was first put forward as a legal right at the end of 19lh century, but there is no publicly recognized definition. By starting from the origin theory of privacy, the article analyzes deeply the historical development process from the awareness of privacy to the right of privacy, reaching the conclusion that the right of privacy is the result of human social civilization. Furthermore it also points out that, with therapid development of science technology and the increase of people's awareness of privacy as well as the appearance of the new imbroglio between digital technology, there comes a new subject on the perfection of the legal system for the right of privacy.Part two: The contents included in privacy. The central question of the right of privacy is the content of privacy, which is expounded from two aspects: one is the keeping secret of personal information; another is the noninterference of personal life. In the area of keeping secret of personal information, the question needed to go deep into analysis is: Whether all the personal information people have is privacy? Whether the spreading scope of personal information has some limits? The writer hold this view: personal information in general belongs to the category of personal privacy, and in law it should be clearly noted that the party's expectation of keepin...