Study On The Conflicts Between The Freedom Of The Press And The Right Of Privacy

The freedom of the press is the embodiment of the freedom of speech and the freedom of publication in the constitution. As an essential part of the freedom of speech, it has been confirmed in the most countries' laws and regulations. In the modern democratic society, we put more emphasis on the supervision by public opinion. As a result, a sloping protective policy is adopted in the freedom of press. For example, censorship in advance has been cancelled. Moreover, with the development of modern technology, the mass media means is advanced day by day and it has a deeper influence on our society. Therefore, it turns easier for the mass media to invade the right of reputation and the right of the privacy, etc. At the same time, the development of democratic politics also brings the awakening of the consciousness of citizen's right. In our country, even if the conception of the right of privacy, which was totally brought from the Western countries, has been accepted by ordinary people. Accordingly, the conflict between the freedom of press and the right of the privacy becomes more serious.Facing such a conflict, the focus lies in how to dispose relevant rights and how to demarcate the rights. Considering from the experiences of other countries and imperfection of supervision mechanism in our country, most scholars incline to having priority to protect the freedom of the press. However, it doesn't mean to protect all of the privacy of everybody in any case. In practice, the conflict between the freedom of the press and the right of privacy varies and there is no a standard that can be used in any case. Therefore, it is particularly important to make an analysis according to different situations. It is also a research focus of this thesis on the balance with the conflict of the right of privacy and the freedom of the press. The content of this thesis is arranged as follows:The first chapter is the comparison of the value between the freedom of the press and the right of the privacy. From the conception and the meaning, it seems that both of them are equally important indispensable value. Then, several cases are enumerated and the central topic of this thesis is drew----the conflicts with the freedom of the press and the right of privacy. Then, the author expounds the reason that causes the problems. Observing the reasons from various fields, it concludes that comparing to the powerful mass media, the right of privacy need more protection.The second chapter is mainly about the common representations in the invasion of the press to the right of the privacy. It concludes the violation in the process of news collection and news report. Because the tort characteristic among them is relatively obvious, they can be distinguished easily.The third chapter attempts to tell the balance mechanism in the confliction between the freedom of the press and the right of privacy according to different situations in practice. These situations conclude different people, different occasions, different gathering ways and issuing ways. Here, such a principle that is suitable for the numerous legal fields of public interests is proposed and emphasized again. And with the comparison to the other principles, it becomes a final adjuster to the balance of the freedom of the press and the right of privacy.The last chapter gives some evaluation and proposition to the relevant legislations and jurisdiction in our country. This part mainly aims at the shortages in the civil laws, especially described the drawbacks in judicial practice which are caused by the confusion of the right of privacy and the right of the reputation. Moreover, the author gives some suggestion on the relevant legislation in our country, including how to perfect the content of the right of privacy and some advice about the oncoming "public media law". Especially, what emphasizes is, the jurisdiction of the judges is needed in most cases during the judicial practice. This also brings higher request to the judicial staff.