The Discussion Of The Restriction And The Protection Of The Public Person's Right Of Privacy

The right of privacy which is to be reckoned as an independent right is protected in America and some other countries .While in China it still exists too much lacking on the consciousness of the right of privacy and its lawmaking for the reason of reality and history .let alone the issue of restriction and protection of the right of privacy of public person.This text draws up the analysis to the basic concept of the right of privacy and the right of privacy of public person, a body of corpus characteristic and limit and the protective theories to the concerning of public person privacy in educational circles, taking public benefits as the basic principle, classify with the protection of the right of privacy of public person and the standard of limitation in practice specifically , thus to put forward the protection of the right of privacy of the public person in our country . In addition to the preface and conclusions , the thesis is totally divided into restriction and protection to public person right of privacy to launch.Part One .General outline of the right of privacy .The privacy is a kind of personal realm which is to have nothing to do with the public benefits and community benefits, which is the party concerned do not wish the others to know and interfere or others who think which is to be inconvenient or which is interference of private matters and the party concerned do not wish to be irruptive .But the right of private activity and privacy is a kind of personality power of the domination which is personal information which is irrelevant with the public benefits which is a natural person to possesses .The corpus of the right of privacy is a natural person who is alive .The legal person and the deads can't become the corpus of the right of privacy. The contents of the right of privacy should keep secret right of privacy and masteries right of privacy.Part Two The right of privacy of public persons .The public person mean those who are known by society and has very high social popularity . public person is divided into public person and other social public person Judge a person whether he is public person or not is the social people's concern degree and acquainted degree in certain district. Comparing the public person with the general natural person, its right of privacy has its unique characters .Part Three .The restriction of the right of privacies of public person based on the previous research fruits .The principle which is to limit the right of privacy of public person is the principle of public benefits ,the principle of public reasonal interests ,the principle of measuring of benefits and the principle of relative business .Take public benefits principle as the core, take public reasonable interest principle as the point, take the benefits measures principle and the related business principle as the assistance ,carrying on the whole consideration. According to the classification method that the public person is divided into the political public person and social public person, as to the restriction of the right of privacy of public person , should be treated in a different attitude.Part Four .The protection of right of privacy of public person .First analyse the necessity and possibilities of the public person right of privacy, then point out the protective contents, which is invaded which is pure and private life which is irrelevant with social public benefits.Part Five .Public person right of privacy present protective condition and lawmaking suggestion. Throughing analyzing the present protective condition according to the right of privacy of public person in China .To find the existence of the lack of lawmaking and backward level of lawmaking .Put forward the suggestion of building the system of protecting the right of privacy .That is to adopt the directive protective way .draw up perfect legal system of protecting the right of privacy ,making the specialized method ,making restriction protection and regulation of different level ,according to the right of privacy.