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The Right Of Privacy's Law Aegis

Posted on:2005-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:F GuoFull Text:PDF
GTID:2156360125470302Subject:Law
Abstract/Summary:PDF Full Text Request
The right of privacy′s law aegisRight of privacy, is one of a lesson for increasingly suffering the thoughtful of the right of civil case, related research too becoming the civil law importances. Need first to the right of privacy′s corpus is with the guest proceeds define. Right of privacy that corpus that natural person, legal person and the dead should for exist can′t corpus that become the right of privacy. Guest is namely privacy, the private information, is divided into the absolute privacy with the opposite privacy, and public benefits of cannot damage is with the right of others. On these grounds have to the definition, person of the right of privacy have the right of usage: containing privacy to keep secret , maintaining to control with privacy, and have the rights legal, automatic acquisition, rights compatible, limited characteristics that turn.Take a wide view the international community, to the aegis of the right of privacy′s different way. Among them, American and British method provide direct protection with indirectly way, still each aegis method that have the special features that have the mainland method and North Europe law. But global provided the support on the international law with district and international treaty then. The current law of our country aegis right of privacy, and primarily is a constitution, penal code, civil case the judicatory explain and the method and judicatory of special method, administration explain, pertaining to crime, civil case, administration litigation the judicatory of the method and cowgirl explain with the provision of the international treaty that our country the add. Certainly, the current law protect part of blemishs of esses, if law the provision is not perfect: The provision, right of privacy that there is not right of privacy on civil law only depend on the judicatory to explain to proceeds protects, and the scope is limited, and lack to the norm of the opposite right of privacy; Leave outed the right special corpus in the special method—the norm of the public person right of privacy. The clash of the right of privacy and power, other rights lacks the suitable for using principle, and is violated the phenomenon serious.Therefore, there is necessity to adopt right should of measure:The first, perfect current law provision. On the civil law the right of personality towards right of privacy made positively face to face publicize sex provision, clear statement provision right of privacy is an independence, rather than only the kind of a kind of personality benefits, certain opposite pass right of privacy and protect the principle; The right of privacy of the right public person proceeds norm: As to it′s with the nation and privacy that social and public right of privacy of relevant benefits not purely belong to to the aegis the individual then to then protect. The second, make sure the right of privacy and power, other rights to apply the principle: Namely be principle, power towards power proceed strict system roughly, had match comparison principle (aptness principle, necessity principle with comparison principle) that when the right of privacy and power take place to conflict, can have the initiative to apply with the rights basis, and cannot breach the relevant entity method with the provision of the procedure method; When the right of privacy conflict with the other rights occurrence, on the equal foundation of rights, make use of the basic value for method for background for row preface for rights for rank principle with benefits measuring and rights moderating the principle make suring have the initiativing the suitable for use, namely advancedly act liking the right of quality with rights row preface, the former is a kind of law ruling, having the stable legal effect, the latter then having the palliation with individual, by the of the right of conflict representing of preface and worth an of scene row the freedom, justice, order with general value equal, the efficiency, benefits is one by one in order preface suit...
Keywords/Search Tags:Privacy's
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