Legal Protection For Rights Of Privacy And Its Improvement

Nowadays, as communications, transportation and mass media become modernized, people want to have their own space. After busy working and study, they can retrieve to their private living circles to keep their minds calm and peaceful. More civilized and advanced the society is, more attention is paid to individual freedom and values, so the legal protection for citizen's rights of privacy becomes rather important.There are three parts in the paper.First part, the brief account of privacy and rights of privacy Privacy includes all the secret things concerning private life, including shameful secrets. Scholars from many countries give many different definitions of rights of privacy from different aspects in their research. The author thinks rights of privacy are the rights that private activities, information and space that are irrelevant to public interest and other people's interest are not to be interrupted, spied and made public. Private activities are those private and irrelevant to public interests. Private information is all the private data and materials. Private space is one's private circle and secret sphere. The subject of rights of privacy can only be natural person. Corporation and other organizations can not have rights of privacy because of the background of its emerging. Other social organizations like enterprises have their own private information, but it is commercial secrets not privacy. It embodies a kind of economic interest not personality interest and it can be evaluated and transferred in real life. The subject of rights of privacy can only be living natural person not the dead one, because they do not have civil rights competence and they are not persons in legal sense without any rights. The content of rights of privacy is true and secret. In the cases that rights of privacy are violated, the accused can not advocate to be exempted because the thing he makes open is true. The legal protection of rights of privacy is restricted by public interests. Any privacy must be legal and in accordance to moral standards and social requirements. Rights of privacy include right of peaceful private life, right of secret private living information, right of secret private communication and right of privacy using. There are many differences between rights of privacy and insider right, reputation right and news freedom. Rights are most closely related to reputation right. The second part, the legal protection for rights of privacy The awareness and concept of privacy is derived from human being's sense of shame when man separate from animal circles. The subject and content of privacy is different in different historic periods. In 1890, two famous American jurists Samuel D. Wallen and Luis D. Brandeis published 'rights of privacy'. They put forward the systematic theories about rights of privacy for the first time and begin a new period of legal research, legislation and enforcement. There are mainly direct and indirect protections for rights of privacy in the laws of every country. There are specialized laws of the protection for rights of privacy in direct protection in which rights of privacy are independent personality rights. In indirect protection, rights of privacy are not independent rights; rights of privacy are depend on other rights; lawsuit cannot be brought only because of rights of privacy; lawsuit of privacy violation can only be brought when it is attached to other rights. In the development of the rights of privacy theory, American set up case law for rights of privacy and formulates 'rights of privacy law', 'family education and rights of privacy law' and 'financial privacy law'. The legislation of rights of privacy is most developed in America. The study of the rights of privacy protection in our country begins late. The law has not stipulated clearly rights of privacy as independent civil rights and there is not a systematic and comprehensive legislation of rights of privacy protection. However, there are articles of rights of privacy protection in 'Constitution...