The Civil Protection On The Privacy Right Of Underage Person

Interest Measurement is a method of judicial judgment, based on it, the judges passed a judgment according to the need of changes in all kinds of situations, compared and measured the relationship between different interests, in the end, selected a more important interest in need of protecting, and abandoned the less important interest. From the aspect of macro-scope, judicial policy, judicial idea and judicial methods should be included in the methods. The implication of interest measurement is a living law, equitable law and harmonious law. The method caused judicial judgment to be on the way to value judgment and make the law be changed to a living law, based on the subjective cognition, the essence of law and the justice of judgment. The implication of equity is that the relationship between positivist and formalist is more and more reasonable, and the overall opinion of equity in judicial judgment. The supreme state of equity is "no-action is the natural rule, and the improvement can only be realized gradually." The implication of harmony in interest measurement is trying to realize multitude value objects, ensure the balance and proper scope in all kinds of interests. The theory basic of the interest measurement is the methodology of Humanism, Individualism and holism. Interest measurement is not thirsty of solving the conflicts of interest eternally, it aims at maintaining the proper distance between conflicts, it seeks the development in the conflicts, so as to realize the individual justice under universal justice.In the position of interest in judicial judgment, the opposite dual relationship between individual interest and public interest has the basic and crucial implication. But the conflict between these two interests is superficial, they are not conflicting with each other, these two interests can be unified and harmonized. The generalization of public interest is not the intrinsic issue of public interest, it is on behalf of the name of public interest, the approach to harmonize these two interests is trying to evade the interest in absolute term, persist in fair protection and relative protection. In the meantime, the public interest should be given priority, the difference between both of them is not important, the state should attach more importance to the establishment of effective mechanism of democratic participation.There are five principles in interest measurement of judicial judgment: principle of Overall Planning; repeated measurement; principle of interest optimization; principle of least damage; principle of replacing advantage. The principle of Overall Planning means that when the judge makes the judgment, he should both consider the interest of all the parties in dispute, and protect the interest of weak group, in the meantime, consider the logical, historical, habitual, emotional and rational element. Repeated measurement is not subject to the position of different interests, it is a judgment based on the position of different interests under the special circumstance, the principle is also subject to other elements. Principle of interest optimization requires the judges to seek a best combining point among the complaints of the parties, the obedience to the law and realization of social justice, and at the same time, realizing the organic unification of maintaining the rights, social order and judicial authority. Principle of least damage refers to the judges should abandon the interest on the basis of purposes and methods in proper terms, and make the judgment by means of methods of least damage. Advantage replacement is that the judges should give the priority to the new interest relationship, not the current relationship.The scope of interest measurement in judicial judgment can be classified as in broad and narrow terms, the application circumstances of interest measurement can be categorized as general application and special application. In the circumstance of special application, there are five application circumstances: right of free judgment is provided by the law; unclear and uncertain connotation of legal rules; conflicts between the rules; intentional evasion of legal norm and entirely blank legal norm.