Research On The Tort Of Privacy

Being basic right of the personal right, the right of privacy is a concept which is developing continuously. With the development of the technical information and the abundant material life in the world, human beings pursue the mental life severely, the right of privacy is paid more and more attention to. The basic theory and practice of the private tort is studied in this article. In addition to preface, the article is composed of three parts:The first part: the value of the right of privacy. Firstly, the author defines the concept, characteristies of law, capacity of the private right and points out that the private right is one of the most important and fundamental right content of the citizen personal right, which is accompanied with the realization of the dignity, right, value about human beings itself. The private right is a developing concept. On this foundation from practice, the protection problems of private right in the domestic and in the international range is analyzed. It is mentioned that the subject and object should be defined clearly about the private right legislation in our country and the act of tort should be specific.The second part: the responsibility composition of the right of privacy. Theconstitutive requirement of the responsibility composition is composed of: illegal act, subjective fault, causality and facts of damage. The concrete legal liability concludes ceasing the infringing act, rehabilitation, clearing up illeffects, making a formal apology and compensating for a loss. The author foncuses on the compensation of mental injury in practice, pointing out that the compensation of mental injury is suitable to the tort of public power. In addition the factors of mental compensatory damages are defined that: fault of injuring person, injurious circumstances and the result of tort should be taken into account, ect.The third part: the plea of the private tort. The plea of the private tort may be different under the different social background. This part is analyzed several kinds of the plea: firstly, the plea of consortium. The author analyzes the civil liability in injuring the faithful duty of consortium and the solution to it. Secondly, the plea of right to learn the truth. This is contended the conflict of the private right and the right to learn the truth. The author mainly analyzes that public right to learn the truth of politics pleads for private right of government officals and social right to learn the truth pleads for private right of public persons. Thirdly, the plea of freedom of information. Establishing the basic of the meaning in freedom of information, the author explains the relationship between the right to learn the truth and the private right, discussing the protection to the freedom of information. The plea also conclude the victim consent, the act of position authorization, act of rescue, leading to the injury of private right for a result with a multireason, third party liability."The sound law system is a foundationston modern society civilization." The legal problems in private tort are worthy of being studied. We have the full reason to believe that the right of privacy of the our country protection law system will be perfect in the near future.