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Independence Of Privacy Right

Posted on:2007-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Z LiFull Text:PDF
GTID:2166360182988980Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a concept, right was suggested in ancient Greek era. With the development of the society, many new rights create with the advancement of the human civilization. The new rights substantiate the theory and practice of human rights;the right of privacy is one of the important new rights. The law concept, the right of privacy, is suggested by the American jurist a century ago at first. Now the right of privacy is validated and protected by the document of international human right and many researcher study the law protect of the right of privacy. Our country's law refers the right of privacy many times but didn't form an integrated system. According to our country's development situation, the constituted of the system of the privacy right is no time to delay.This article takes the "independent" as a clue, discussing the right of human privacy from four aspects. And the article focuses on the independence of privacy right and the protecting of the independent of privacy right.The first part of the article discusses the process of the production and development of the privacy right. By reviewing the simple history we realize that, human understands personal privacy originated early. With the advancement of the society, the problem of civil person privacy more and more is regarded. Many countries' constitution and law validated privacy right as an independent civil right to be protected by law.The second part expounded the problem about the independent of privacy right. Privacy right is kinds of personality right that natural person take, which natural person dominant the individual, the individual information be independent of public benefit, private life and private space. In this part, by the discussion of the definition and character of privacy right, reflecting that the different scholars have different opinion about if the privacy right has the character of independent. And, this article analyze from the relationship between the value, historical significance, the form, the constitution, the system of privacy right and other personal right (as personal dignity, reputation right, and summarize that privacy right is an independent personality right.The third part is talking about the protecting of privacy right. In this part, at first I analyze the constitution of the right. And provide the theoretical base for the suggestion of the protecting system of privacy right. And secondly, I analyze the content of theprotecting system of privacy right. The core of the protecting system of privacy right is "prevent the occurrence of infringement act".The forth part is the suggestion given to our country about legislating of protecting privacy right. In this chapter, basing on the actuality of our country's legislating of protecting privacy right, suggesting five advices to consummate our country's civil legislating of protecting privacy right. Such as, validating the independent law position of privacy right when constitute our country's personal chapter of civil law in the future. Enlarging the scope of moral damage compensation in the future, bring the privacy right in. Enhancing the concretely and especially problem about privacy right in other related law.
Keywords/Search Tags:Privacy right, independent, protecting of civil law
PDF Full Text Request
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