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The Minor's Privacy Right And The Protection Law

Posted on:2008-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:J X SuFull Text:PDF
GTID:2166360215995755Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays, the privacy right is important and popular in our society. But, it hasn'tbeen accepted by our nation and mentioned in the present law yet. Of course, it hasn'tbeen protected effectively. The minor's privacy right is more vulnerable to infringementthan the adults', and the nation's law pays little attention to it. To some extent it isignored by most people. This paper is going to study the minor's privacy right and getsome knowledge about it. Then, the author puts forward some suggestions of what weshould do to improve and consummate the work of protecting the minor's privacy right.Chapter 1 introduces the privacy right and the minor's privacy right. First, itintroduces the concept,the nature and the functions of the privacy right. It lists fivetheories of concept of the privacy right. Although, all of the five theories are somethingright and get their respective perspective, all of them are limited. The definition madeby Professor Zhan Xinbao is relatively reasonable at present o Further, the author makesa modification based on Professor Zhang's definition. Then, it lists three theories aboutthe nature of the privacy right. The author appreciates the theory that the privacy right isa personality right. Then, it introduces the functions of the law of the privacy right.Secondly, it introduces the minor's privacy right. It explains the reason why the minorenjoy the privacy right. Then, it lists the objects of the minor's privacy right. Lastly,it explains the powers and functions of the minor's privacy right.Chapter 2 introduces the current reality of the minor's privacy right in our nation.First, it introduces the laws that can protect the minor's privacy right in our nation,including the relevant content of the international treaty and our national legislation.Second, it introduces the reality of infringement of the minor's privacy. Then, itintroduces the causes of the infringement on the minor's privacy right.Chapter 3 introduces the advanced foreign laws that protect their minor's privacyright, including the United States of America,England,Canada,Australia,Germany,France,Japan and so on. Among them, the law of the minor's privacy rightin the USA is the most important. Then, it evaluates these nations' law on the minor's privacy right and gets four advantages.In chapter 4, it makes some proposals to found a sound law protecting the minor'sprivacy. First, we should write down the privacy right in the Constitution Law and thebasic civil law definitely. Then, it makes a plan to improve the Minor's Protection Law.Then, it proposes that we should strengthen the judicature to protect the minor's privacyright effectively. Then, it proposes that we should found special organization for theminor's privacy right. Last, it proposes that we should foster the social conception ofthe minor's privacy right in our society by all means.
Keywords/Search Tags:Privacy right, The minor's privacy right
PDF Full Text Request
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