The Civil Protection On The Privacy Right Of Underage Person

In recent years, the underage person's leaving home to leave in a hurry, suicide or offending a crime happened frequently caused by infringing the privacy right of underage person. However, the right of privacy doesn't be defined by the civil law in our country as a concrete personal right. The confirmation and protection of the underage person's privacy right is poor. The article sets forth the characteristic, constitution and concrete shape of the infringement from the civil law protection, comparing and absorbing the common law's and the civil law's stipulation, expounding the perfection on the legislation and judicial protection.Compared by the adult's right of privacy, the underage person's right of privacy has several characteristics: the narrow scope of the right's object, the great limitation of exercising the right, the gradualness of enjoying the right, the important status on protection and without legal remedies when the right is infringed.Compared by the other privacy right infringements, the features of the privacy right of underage person are: the comparative narrow of the object scope, the concealment of methods, the gravity of consequence and the difficulty of remedy. As a general civil abuse of authority, the infringement of the privacy right of underage person has four conditions: the act of offending the right of privacy; the result of harm, including mental harm and others; the causal relation between the infringing act and the consequence; the actor's subjective intention. The act of abusing of authority includes the infringement of the privacy right of underage person by news media, the infringement of the privacy right of underage person under network environment. It applies to mistake responsibility. The undertake of responsibility is stopping violation, eliminating influence, restoring the reputation, apology and paying indemnity for damage.There are three models of civil protection on the right of privacy in individual nations-direct protection, indirect protection and summary protection. The direct protection should be defined in our country, as an independent personal right under civil law.The deficiency of the civil protection on the privacy right of underage person exists: without exact definition of the privacy right, lacking direct and concrete measures on protection, too narrow scope of abusing of authority, too simple and general stipulations on right infringement relief and civil liability, imperfect on provisions and protective measures. The article puts forward the concrete proposals for consummation from legislation protection and judicial protection: Strengthening the protection of the privacy right in civil code, formulating the law of protecting the right of privacy when legislative conditions are ripe, perfecting the legal provisions, regulating relationships of the right of privacy and the right of reputation, regulating relationships of the privacy right of underage person and the right to learn the truth among guardians, schools and societies.