Research On The Conflict And Coordination Of The Right To Privacy And Freedom Of The Press

With the development of the Journalism, there are more and more infringement cases, especially the cases of aggrieve the right of privacy in the news. Freedom of news and the right of privacy protection all are outcome of the modern society, and are also a civilized important society sign, therefore we now that essential points ensures that freedom of information, and protect civil right of privacy too. But, we find that in our real life, people demands to protect their self-private matters one wants to hide on one hand, another aspect wants to know all what happened (by vicinity), try our best to expand self information and view, to satisfy self spirit . But the medium is to satisfy masseuse's mentality, each aspect that can live as far as possible in depth to people, be having the conflict may invade civil privacy, there existing in both thereupon to become necessity right away right now. But the legislation conflict solve way to this both all returns back abroad now not having final conclusion, our country concepts introducing right of privacy just now in this several years, will how between guarantee freedom of information and right of privacy protection to have made the balanced problem, have become a popular problem that our country science of law community and press circles jointly study. The main body of a book is thought of by the fact that science of law studies coordination mechanism, hope striving to structure balance both can provide a few references for legislation and actual judicial practice of our country.The main body of a book except the foreword and concluding remarks, the main body divides into four parts; states simplify mark mainly as follows:Part I is the summary to freedom of information and right of privacy, the summary being freedom of information the first section, introduces the freedom of information suggesting that and experiences a course, the relation analyzing freedom of information and right to be informed, the important position explaining that freedom of information hits the target in society. Summary being right of privacy second section, the author has adopt to say"synthetically"being that"information says"and from"controlling"the right content saying private matters one wants to hide content and right of privacy coming to analyze right of privacy the theory that two parts content composes, has directed on and the right of privacy protection current situation at present introducing our country simplify, the author has assumed a difference to the current situation , reason coming news invasion of privacy to be handled on civil law as right of reputation law case to right of privacy and right of reputation.Part II sets forth the rationality there existing in freedom of information and right of privacy, before the first section of author introduce several developed country legal rules to freedom of information, on this account, come to explain that civilized degree of society is increasingly high, taking seriously freedom of information also right away increasingly. Have set forth the effect on society there existing in right of privacy second section, summing up out freedom of information and the right of privacy protection finally all is outcome of the modern society, is to build society democracy and rule by law, to keep stable and harmonious what be not allowed to be short of system of modern society.Cause and manifestation being to conflict to freedom of information and right of privacy analyze Part III, benefit discussing law of freedom of information different from being that right of privacy protects the first section, they belong to the right being unlike a character, have different value chooses to, law does not make the limpid boundary out stable to freedom of information and the right of privacy protection, the legal principle coming to have been in progress to the both conflict the creation leading to conflict finally surely , the author angle from law economics and sociology analyses. And then under pointing out the condition not improving and perfecting at present very much disregarding being that supervision by public opinion mechanism still is that right of privacy protects legislation system, that freedom of information and the right of privacy boundary have no way to handle, this is makes both produce the law cause conflicting. Manifestation being to conflict first, second section, the both conflict is centered on the news gathering stage and the news report stage mainly. The author thinks that the protection should be unlike a stage in this two to right of privacy adopts different principle.Part IV is freedom of information and the right of privacy balance, the author analyses first to the comparison being in progress abroad in connection with theory and practice that freedom of information and right of privacy harmonize, on this basis, the way having brought forward harmony of interests, is second, three, four section of content of chapters and sections, the author suggests that three kind of news invasion of privacy composes the important condition key element, principle and the relative people agree that principle is relief origin of an incident with common benefit in second section according to reality of our country. And focal point conflict according to freedom of information and right of privacy conflict between the location- - medium and the public figure, the author is pointed out responding to appropriate the right of privacy restricting a public figure or the appropriate right to be informed incline concrete conditions (whether have damaged common benefit) to looking at, responding to protecting the public. And focal point conflict according to freedom of information and right of privacy conflict between the location- - medium and the public figure, the author is pointed out responding to appropriate the right of privacy restricting a public figure or the appropriate right to be informed incline concrete conditions (whether have damaged common benefit) to looking at, responding to protecting the public.