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Officials Of The Legal Regulation Of Privacy

Posted on:2012-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:H L ChenFull Text:PDF
GTID:2166330332994939Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In modern society, privacy are to be limited, especially enjoy the public power and undertake social responsibility of the state officials to privacy, some of their personal affairs and national interests, the social interests are close relation, people want know more about their privacy in order to supervision and exercise oneself, request he must compression personal space, publicize its privacy. And in real life, the demands of its public calls privacy is also higher, itself is beyond reproach. But due to the absence of the relevant legal norms, officials'privacy violations phenomenon has intensified people Ignored Officials also grasp state power on its necessary limit at the same time and also should give its proper protection. Based on this, the paper writing purpose has three: one,it is clear our officials the concept of privacy and problems existed in regulation; two,it is analyzed with the public officials know regime, the privacy rights conflict between power and points out the to coordinate this conflict of rights, it is necessary to further regulation officials privacy restriction and protection scope.Three,it is more introduces regulation officials privacy restriction and protection mode; 4, through the above analysis, in foreign regulation pattern is proposed, based on the furtherRegulation measures related to officials privacy. In this paper using the writing of interests, the method of comparison, linked together, trying to accurate and comprehensive description problems. Specifically, the full text is divided into four parts altogether the regulation measures on officials discuss privacy.The first part of our official's definition and regulation of privacy problems analysis. Because to officials privacy in scientific concepts have not a clear definition and discussed in this paper, the emphasis is about officials on the regulation of privacy measures to achieve, so the concept is widespread sense of explanation, think officials a special privacy is officials main with the enjoyed by the public interest irrelevant personal information, private life, private space and private affairs is not encroached right of personality. And further points out that if the identity and cause with officials with relevant public and the complexity of right relation characteristics and should balance the restriction and protection level. In addition, the system was introduced in regulation officials problems existed in China, namely in the system of regulating the official privacy in practice exists on the absence, lack of unified standards of justice on the present situation and reason. The second part analyzes the conflict between the rights officials privacy and know the power of the regime and we have the necessary regulation system to coordinate the rights conflict. First further demonstrated we can't one-sided emphasis on privacy restrictions or protection officials; Secondly pointed out that is need to balance the necessity of privacy restriction and protection. Though public interest standard privacy to the limit, officials will suffer such privacy, and points out that the benefits of restrictions on the necessity of limited officials privacy from clear officials to ordinary citizens should enjoy the identity of the privacy for society, protection officers privacy to the country and the officials, and points out the necessity of privacy protection officers.The third part is about foreign fiction regulation mode analysis. This section based on two officials privacy regulations pattern, namely direct regulation mode and indirect regulation mode. To compare the two modes ,and pointed out that the direct regulation pattern is more advantageous to balance the rights conflict, then analytical USA, France, Germany and Britain's relevant legislative system , in order to provide a reference for the place of perfect measures in China.The fourth part of many suggestions in regulation officials'privacy .Through the comparison of regulations pattern above analysis, refinement China should distinguish different properties of different kinds of regulation subject taken to patterns, such as ordinary citizens can clear its relatively complete privacy, but to officials can't clear rules protect. First, have measures in change ideas and strengthen legislation, especially in legislation, to be built on the constitution limits for the leading; In the civil law reflected in the system of concrete expansion provisions, which restrict and protect all don't hard-core; Specific measures for the protection of personal aspects from regulation and limit content, set before any system of public reporting system, property, major item report system so as to perfect. Finally, in order to ensure the effectiveness of these measures are put forward to officials ,we should pay attention to two privacy regulations and also emphasized that there should be have different grades of different types of officials ,and strengthen the functions of judicial protection.The innovation of this paper place has three: 1,it is demonstrated on the privacy restrictions officials and notice to protect; 2,it is innovative proposed to privacy that should take our officials regulating mode; 3,we should adopt framework of official privacy and specific measures.
Keywords/Search Tags:Privacy rights, rights conflict, public interest
PDF Full Text Request
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