Jurisprudential Study On Privacy

As the society develops, people's sense of personal rights improves gradually. At the moment, the appearance of powers in public fields, like country, society, market, media etc. and their combination greatly infringe personal fields. Therefore, people pay more and more attention to privacy and the study on privacy becomes deeper and deeper. To look internationally, some countries consider privacy as an independent civil rights and there is Privacy Act in these countries. Some countries establish and protect privacy in their civil code or by prejudiction. In the judicial practice in our country, privacy is not an independent legal concept. There is no explicit prescription of privacy in civil law. People's Supreme Court prescribes that violation of others' privacy that infringe their reputation right is considered as reputation right infringement and it is necessary to investigate and affix civil liability by using versatile methods in Opinions on Several Problems in the Implementation of General Rules of Civil Law of People's Republic of China(on trial). It is obviously not perfect to explain act of infringing privacy as act of infringing reputation right and adopt indirect protection in judicial protection. Therefore, I study privacy from a jurisprudential aspect and propose problems in three aspects. 1. What is the definition of privacy and its basic characteristics? Once privacy develops with a strong momentum, what is its foundation of existing and developing, significance and value goal? 2. The reason why the historical evolution of privacy prominently manifests status quo and inspection and causes the lagged development of privacy in China. 3. What are the scope ways and main legal responsibilities of legal protection for privacy? The three questions make up three parts of this thesis.The first part mainly studies some basic problems of privacy, including the definition of privacy, the relationship between privacy and relevant rights, focusing on analysis of the evidence, meaning and value of privacy. First, the author considers a more reasonable definition as: privacy is the right for natural person to forbidden others to interfere with secrets in personal domains like private activities, personal information etc on the premise that no public interest is violated. These secrets are unknown to others or the natural person does not want others to know. Privacy is an independent personal right. It generalizes four legal characteristics of privacy, that is, strict personal property, truth and concealing property of the content, absolute controlling property and conditionality by public interest and social morality. Then, the author specially emphasize on the elaboration of the reasonability of establishing privacy from three aspects: theoretical foundation, significance and value goal. Privacy is originated from human nature, is a kind of human rights. Natural property and social property of human being are the essential basis and basic foundation of privacy. The significance of privacy lies in that privacy is not only the requirement of guaranteeing human rights but certain requirement of rights position theory. It is the basic requirement to improve the level of social civilization. The value goal of privacy is to guarantee the realization of social order, justice and freedom, and hence it concludes the reasonability and inevitability of establishing privacy. At last, it discusses the relationship between privacy and two relevant rights. Right of privacy is opposite to right to know. When these two conflicts, it is necessary to correctly handle their relationship to reach the maximum balance of their interests. It includes handle the conflict between right of privacy and right to know among common natural persons and that between common natural person and celebrities and officials. Right of privacy is most closely related to reputation right, but they are not the same. There is great difference in the object, ways, fact consequences, legal consequences and exemption conditions of tort between th...