Research On The Conflict And The Balance Between The Right Of Privacy Of The Public Person And The Freedom Of Press

The freedom of press as a system of the basic right, who possess is not according to personal position, but according to worker's identity of news media. The purpose of ensuring the freedom of the press of the constitution is for certain public benefits. The right of freedom of the press means the journalist collects,releases, propagates,accepts the freedom right of the information of the news,It is speech implementation and application in the field of news of the press freedom. Its function is to offer enough information to the masses,help the masses to exercise the right of being in know, combine with the freedom of speech , press freedom,offer the chance that the public discusses, form " public interest " of the society, realize the function of supervision by public opinion. But the freedom that it can be unrestricted that the enforcement of the freedom of the press is not, it will inevitablely cause the harm to individual , society , and even national benefit to abuse . The right of privacy as an important personality right needs independent protection of the law. Because of social status and particularity of role, public personage compared with on to different to some extent right of privacy have general people right of privacy, especially when it is conflicting with freedom of the press. This kind of conflict is shown as: In order to satisfy the masses' right of being in know, public personages' right of privacy should be limited by a certain degree;on the other hand, the enforcement of the freedom of the press can't infringe basic personal secrets that public personages have nothing to do with social public interests. This has reflected right weighing apparatus when freedom of the press conflicts with public personage's right of privacy are flat . Restriction on public personage's right of privacy and protection, have reflected the conflicts and balanced of the personal right of privacy and freedom of the press. as the private right of privacy and regarding as the common right of the freedom of press, who should be satisfied, who should make concessions, reflect the value choice of certain society. Making a general survey of the developing history of the system of right of privacy, can find out a kind of trend that the legal values change: With the improvement of the productivity level, the establishment of the market economic system, people's right consciousness begins to awaken, the legal values are the right standard by the standard changes of the obligation; And with the new technical revolution and arrival of information age, the legal values are being changed from right standard to social standard. Such social standard is not abandonning to individual rights, but emphasize the whole social system is healthy and orderly and in harmony, thus the realization of better guarantee individual rights on the system. This text divides into three parts besides preface :First part : The summaries of the right of privacy and public personage In this part , define the meaning of the right of privacy at first. The thesis relatively studied the related theory of the academic about the meaning of the right of privacy, relevant theories of nature in thesis, maintain the right of privacy is a right that the constitution protects , and a right that the civil law protects, and an independent personality right; The corpus of the right of privacy is a citizen but shouldn't include the legal person;Secondly, the ones that were probed into are public personages' concept and type,The public personage is a concept introduced from the west, Divided into political public personage and non-political public personage according to having participation of the political factor; Another kind can be divided into voluntary public personage and unvoluntary public personage according to subjective ideology, activities of public personages are all closely related to society, form a part of social citizen's life. Public personages , because its social status is different from the role, so their right of privacy wants to receive the corresponding restriction compared with general people . Second part: Relation on between the public personage's right of privacy and freedom of the press By the essence of two kinds of rights and right ability, between the two is contradictory relations that is the relation of the self-contradict opposition.Because of the contradiction relation existing between the two rights ,have caused the necessity of the conflict between the two rights . This text is from the nature of the right itself.In fact, media gone to egislate malignant to compete for three respect come network analysis reason and three kinds of forms of expression of conflict that conflict form. Namely: The conflict of conflicting with public personage's right of privacy in public right of being in know , public personage's one's own value and the conflicts of social common strength value of the freedom of the press and one's own utility value. The third part : Balance that the public personage's right of privacy and freedom of the press conflict. At first, originally introduce and appraise it about solving three kinds of adjustment schemes that conflict between two kinds of rights. Namely: The freedom of the press has priority to protect the theory , public personage's right of privacy and have priority to protect the theory and weigh the theory individually, and these each limitation existed of three kinds of schemes. And the " public interests " principle of proposing this text on this basis balances the right conflict between the public personage's right of privacy and freedom of the press; In this part defined the public interests concept in originally some, and has explained the relation among personage's right of privacy and the unvoluntary public personage's right of privacy and public...