On Legal Protection Of The Public Figures' Right To Privacy

Privacy is an important and specific personality rights to citizens of many countries in modern society. Many countries such as The United States are giving the strict privacy protection to their citizens. However, China due to its historical and social reasons, its privacy protection consciousness was relatively weak, the legal system about privacy protection is not perfect, and the privacy protection on laws about the special group of public figure is more lacking. First, the concept of public figure does not yet clearly define in our laws, so it is hard to find the law to protect the privacy rights of the public figure. But the cases of infringement of the public figures'privacy are frequently happened, thus enhancing the theoretical research and speed up legislation about the protection of the public figures'privacy are urgent. This paper will starting from the introduction of the basic concepts such as privacy, the right of privacy, public figures'privacy and so on ,combining the theory of constraints and legislative provisions about the protection of the public figures'privacy in domestic or in foreign, review the status about the protection of the privacy right and the public figures'privacy rights under the current legal system in China ,trying to find the ways to improve the protection of public figures'privacy .The article is divided into three parts, on the legal protection of privacy on public figure carried out gradually in-depth discussion.The first part regards to the concept of privacy right and public figure. This section is starting from the basic theory such as the concepts of privacy, privacy right and public figure, and gradually deepened. First, privacy is a state that personal peace and life secret can not be disclosed and interfered; and the privacy right is a kind of personality that protect the peoples personal peace and life secret can not be disclosed and interfered. The article is from the two case of the United States Sullivan v. "The New York Times", and China's Fan Zhi yi v. "Oriental Sports Daily" to introduce the public figure, including its concept and its origin and also its scope, then finally gets out of the definition of public figure.Afterwards the article classified the public figure according to different classification criteria, and finally leads to the concept of public figures'privacy, the public figures'privacy is "the special subject of public figure of their own, irrelevant with the public interests and group interests, If the parties are unwilling to others interference of personal privacy and if the parties are unwilling to others intrusive or others inconvenience invading control of personal domain"The second part regards to the legal protection of public figures'privacy. This part firstly described the importance of the specific personality of the citizens; according to China's frequent infringement cases of privacy on public figure, emphasis the necessity of privacy protection on public figure. And then the article make the introduction of the public figures'privacy legal protection system of several countries such as United States, Britain and Germany, summarized the legal departments like constitution law, civil law, criminal law on the protection of public figures'privacy. Through the above two parts, we want to make a full discussion about the protection status of public figures'privacy in our country.The third part regards to the idea about to complete the legal protection of public figures'privacy. This part firstly analyzed the deficiencies of the legal protection on public figures'privacy, based on this from the angle of legislation first put forward the advice to privacy legal protection, trying to find the ways of constructing a perfect legal system on public figures'privacy protection. Secondly through several cases of our public figures'privacy protection to analysis the judicial status.