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The Theory Of Privacy Right

Posted on:2006-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2166360155963110Subject:Law
Abstract/Summary:PDF Full Text Request
Be a person, and respect the others as a person! In modern civilization society which emphasizes independent personality, the privacy and the right of privacy problems become a topic of concern more and more.Privacy and the right of privacy problem, not only relate to the personality rights of the individual, also relate to the property benefits of the individual, particularly in modern society that is called " the information is a money", the privacy which is a kind of special information resources, has already appeared more and more businesses value ray of light.However, current concept content concerning privacy and right of privacy, the scope define, value body, and lawmaking protection etcis different.Compare with western nations, our country has done a little to protect the privacy, even also has no concrete provision to the right of privacy in currently 《the civil law general rule》 , just according to the explain of the Supreme People's Court.So these situation will objectively have disadvantageous on the protection of the privacy and right of privacy .On the one hand, infringe upon personal affairs of privacy take place again and again in the realistic life, increasing with each passing day , on the other hand legislative blemish and judicatory is indecisive, so as a result the protection of the privacy and right of privacy became an embarrassed problem of the Chinese legal system road.This text using the method of the method philosophy,take the basic legal theory of the privacy and right of privacy as the foundation, to domestic, abroad concerning to privacy and right of privacy of related theories, and point out the current right of privacy lack in our country , then expect to embody the better support personal dignity and carry out personal personality independence much more.This text is totally divided into three big part.Introduction, text and conclusion.The introduction part introduces the base of research , the research purpose and range of research.The text subdivides into three special subjects again, namely the arouse of the problem , legal theory analysis, the right of privacy predicament and the present condition in China.The arouse of the problem take four case example that belong to the different realm which have the typical model meaning, to reflect the the present condition of the right of privacy and right of privacy .Analytical The part of the legal theory of the privacy analysis it from five faces one by one:Worth study of the contents scope, right of privacy of the law origins, right of privacy of the history origins, right of privacy of the concept, the privacy thought and its society value of the privacy and right of privacy .Through the study of the comparison of the privacy and right of privacy domestic and international, we deepen the comprehension and the confidence toward the privacy and right of privacy. The right of privacy predicament and the present condition parts, explain the lack of the private thought in elaborate Chinese traditional culture , through analyzing the privacy and right of privacies in the history reason .The conclusion part, tallied up the theories of the privacy and right of privacy with the standpoint of the development and put forward to appeal and anticipate its prospect.The privacy means personal not to want the private life that is known and interfered by others, is a kind of and private information thathas nothing withpublic benefits.The right of privacy means that the natural person has possess of his personal, personal information which has nothing with public benefits, private activity and privately owned realms that carry on a kind of personality power of the domination.The main contents of the right of privacy include:the power of maintenance, the power of concealing, the power of mastery and the powerof dealing.Among them, the power of dealing occupies the core position.The right of privacy is the outcome that mankind's civilization develops the certain stage, is one of the civilized markings of mankind, which embody the principle of the freedom and order and the thought of the individual.The development and progresses of the society enriched the contents of the right of privacy much more, the special of the right of privacy proves that it is a kind of independent personality power- more and more .It must be taken into account.
Keywords/Search Tags:the privacy, the right of privacy, personality power, private information, personality independence
PDF Full Text Request
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