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Conflict And Coordination Of Right Of Privacy And Right To Learn The Truth

Posted on:2006-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:F M WangFull Text:PDF
GTID:2166360182957096Subject:Law
Abstract/Summary:PDF Full Text Request
Right of privacy with know what happened power are all category that natural person a basic right for should having, all belong to basic human rights, but in fulfillment these two kinds of right will usually take place the clash.Two it a direct result for mutually conflicting causing is problem that citizen right that damage, how to slice in fulfillment solid protecting these two kinds of right is a current method academic theories theory the needs the solution.To the research of this problem with considers to have the important fulfillment meaning, can handles fittingly good right and right a basic human rights for of clash, protecting citizen. The textual and main contents includes the related problem of the right of privacy and know what happened the related problem, right of privacy of the power to conflicts with basic principle in coordination that know what happened the power with the manifestation, right of privacy that practice the inside with clash reason that know what happened the power.The treatise of the article regard practicing the solution of the basic problem in inside as the point of departure, main to labor right of privacy in the relation with know what happened the power a concrete principle for conflicting for basicly discussing main line, joining together other fulfillment living case a fulfillment for, tallying up right of privacy with knowing what happened power conflicting reason, concrete performance, subsequently refining right of privacy with knowing what happened power conflicting resolving. The textual research target is a coordination to put forward the right of privacy with know what happened the power principle, this is also a textual applied worth a place.For attaining this research target, will resolve two keys problem, a, know what happened the contents of the power.Concerning know what happened the power, current theories field as to it's comprehend the big consistence, this text set out to will know what happened from the fulfillment the contents of the power comprehends for include to know the political power, society know what happened the power, personal information knows what happened the power to know what happened the power with relation person's.Among them relation person's know what happened the power and did not involve, in the other scholar who discuss of, is in this text to put forward for the very first time of, have the unique.In inquiry into knew what happened power and the clash process of the right of privacy, shoulding is know what happened the power to position first in the category of the private power inside, if to know what happened the power vague and talk, that will be very difficult the confidence knows what happened the content of the power, also canning hardly refine the private method right of privacy inside the realm with know what happened the power conflicts to moderate to solve the principle, for this reason a text to study that know what happened the power comes up its fixed position to proceeding to inquiry into in the private power meaning of.Two, know what happened the power and the clash reason of the right of privacy and actuality performance.To know what happened the power conflicts with right of privacy the reason express with actuality the proceeding analyzes, affecting the concrete design of moderating the principle in clash directly, for this reason article lieutenant general its be used as a main problem take into the treatise.Have a foothold primarily to the treatise of that problem in the fulfillment, the summary practices the inside every kind of in a specific way of performance, the clash reason of analysis these two kinds of right of the deep level of structure.The article inside discuss more detailed to above these two problems, for article Finally conclusion Lay the foundation。This text conflicts with power that know what happened the principle to the right of privacy the solution refines, first is two it is important civil case right( point know what happened power to speak here very much certainly the private method meaning ascend of know what happened the power) that rights all regard as, ising all to should the protective and important right.But in second the fulfillment that right conflicts, the right of privacy will usually become to know what happened the power violates the object, main because the right of privacy corpus is placed in the minority position generally and all;The right of privacy has the negative, passive...etc. characteristics;The fulfillment protection of the right of privacy is in need of clear and definite provision in law etc. reason.The for this reason a text puts forward to solvethe right of privacy with know what happened the fulfillment of the power conflicts coordination principle should with the right of privacy has the initiative the protection for premise.In to right of privacy with knowing what happened power conflicting reason and the detailed and analytic foundation in concrete performance that conflicts, tally up a basic principle for solving second rights practicing conflicting, namely the benefits measures the principle, right coordination principle and match the good the principle of 俗in the preface of with lay emphasis to protect the principle to the right of privacy. Main performance in textual and new views is below two aspects:A, to know what happened the power content to definition afresh, at other expert, scholar the investigative foundation ascended to put forward relation person's knows what happened power concept and its concrete performances.The relation a related information knows what happened the power is a relation to point the natural person, legal person to become a certain relation as the purpose or has exsited a certain legal or match the congeniality with other of buildup then, a the square has to another square and related information of know what happened the power.Usually express in fulfillment at a both parties' the party concerned for and son and daughter, school and student's, using person's unit and worker, hospital and an activity an etc..Two, base on to practice the inside right of privacy will usually become to know what happened the power violates the object, tallying up to reply in moderate right of privacy with knew what happened the clash of the power the right of privacy lay emphasis the protective principle.Above two aspects has theories study that know what happened power with know what happened power and right of privacy conflicts of fulfillment solution principle analysis very much the important leading meaning.
Keywords/Search Tags:Coordination
PDF Full Text Request
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