The Study Of Conflict And Balance Between Freedom And Privacy

Freedom of speech, means the freedom of citizens to express what they have seen, thought, heard through specific form or method. It includes the freedom of collecting, accessing and learning from variety of information, facts and opinion, also the freedom of dissemination of some specific information, facts and views. In other words, freedom of speech is the citizens' right to speak. In the internet era, the freedom of expression characterized by giving anonymous network users more space to speak freely, the speeches of citizens spread wider and more convinient, also enhance interactivity of citizens'information interchange. Privacy, is a right of personal domain not to be infringed by others, which owned by natural person, irrelavant to the public interest and public welfare, personal information and activities unwilling to be known by others. Privacy has a double nature, it is not only a typical right of personality within the civil rights, but also a basic human right in public laws. It has characteristics such as subjective simplicity, objective privacy, legality and subjective affirmativeness. The conflict between free speech and privacy represents in that any absolute advocation of free speech will impair and violate other citizens'rights of privacy; any excessive expansion of citizens'rights of privacy will cause erosion and disturbance to others'right of free speech. The freedom of speech aims to safeguard the citizens'"talk"and"know"rights, allow them to legally collect and discuss information; but the purpose of privacy rights is to protect secrets of personal life, prevent against infringement from outside. Accordingly, the real issue of conflict between freedom of speech and privacy is that how to allocate and balance the human rights.With the improvement of democratic system, social and economic development, the security level of citizens'rights has increased significantly, the citizens' privacy will be better protected. this is the trend of democratic development. However, there are many problems in our country, as in the traditional culture, we do not pay enough attention to the personal privacy, there is social existence of anti-private tendency. Also due to the development of new science and technology, especially wide use of tv, internet and communications, it influences the people's life deeper everyday, but our system of privacy protection is imperfect yet. These problems create negative impact to us. Freedom of speech is one of the most basic rights of citizens', it is an important part of the democratic system, in the modern history, many countries in the world have written it to the constitution and well protected, but give certain restrictions, and that for different standard of restriction, it may have vary decisions in judicial practice.The United States and Germany adopted different measures to protect the freedom of speech and privacy according to their respective legal principles. These two countries have more mature constitutional protection over freedom of speech and privacy, although there are big differences between the two countries in basic concepts, specific meaning, constitutional protection method and effectiveness according to historical culture and legal traditions, comparative study on these fields will help us to complete our constitution in freedom of speech and privacy protection. Integrated practices of countries, will review the basic principles of freedom of speech and privacy protection that of the public interests, interests measurement and term of ratio. Speech of freedom and privacy have common values to implement the right of personality, and they have common functions to construct complete right of personality, but there are many conflicts between them. This paper will emphasize on research over some countries, in legislative practices for coordination of free speech and privacy, and based on analysis of relative legislative practices of our country, to study the protection and equilibrium of free speech and privacy under the framework of Chinese law, propose feasible suggestions that how to improve our legislation.