The Conflicts And Harmonies Between Parental Rights And Minor Children's Rights Of Privacy

The first part of the paper is to introduce the basic conception and content of the parental rights and minor children's rights of privacy. With the development of the parental rights from past to nowadays, the paper points out that the core of present parental rights is to take care of their children, protect them and educate them while the starting point of the parental rights is to maximum defend the benefit of minor children. The paper introduces the value basis of the appearance and existence of the privacy legal system. With the development of the modern technology and mass media, the privacy has been invaded worse and worse. The privacy of citizen should be protected by law. As a special group, the minor children's rights to privacy have usually been disregarded by the society, schools and families. Therefore, the minor children's rights to privacy should be protected and regarded highly.The second part of the paper has described the conflicts occurs from the minor children's rights to privacy when their parents exert their guardianship. Moreover, on the basis of law theory, for example, the interest conflict theory and the limit of law, the paper has analyzed the reasons of the conflicts occurs from the two just and legitimate rights. The paper has also deeply describes the parental rights and minor children's rights of privacy respectively. The content of the parental rights and minor children's rights of privacy has all aimed to the private life of minor children's study and entertainment, which has created the condition of the conflicts between the two parties. Neither the law of our country has detailed stipulated for the content of parental rights, nor stipulated restrictedly to minor children's rights of privacy. The legitimate right is the basis to realize the right and ensure the right is legal. Because of the unperfected law, both two parties haven't got a clear confine in using their rights. So it also becomes one important reason of the conflict. In the past, parents use their guardianship as the hegemony which including some long-history autocratic tradition. It is the cultural factor of disregarding and excluding the individual privacy. With the development of democracy and legal system, citizen including minor children have realized their rights to privacy which has also become one reason to raise the right conflict.After analyzing the reason of conflict, the paper emphasizes the harmony of parental rights and minor children's rights of privacy. Firstly it introduces principles of right conflict, such as the principle of equal right, the principle of interest scale, the principle of compromises and conciliation, especially the difference between conflict of parental rights and minor children's rights of privacy and currently rights conflict. The system of parental rights naturally protects minor children's rights not their parents'right, its double characters decide that we don't need to consider the balance of them, or sacrifice one side to protect another. Therefore, the harmony of two sides has some special principles: the principle of protect interests of young persons, the principle of cultivate young persons'independent personality, the principle of communication, the principle of respect young persons'will. The last part of this paper constructs corresponding system of conflict between the parental rights and minor children's right of privacy. First of all, it confirms the scope of right from the aspect of lawmaking, and reduces the probability of conflict through lawmaking to restraints conflict of right. It contains that: prescribing principle and detailed content of parental rights; prohibiting representative behavior of parents which invade children in The Law of Protection of Minor Children's Rights confirms the harmonious principle in the time of conflict of right. Second of all, considering that in the situation of right conflict and litigation, women unity represents parents to be deputy in order to protect legal right of young persons, judges should consider end cases by mediation. Besides lawmaking and justice, non-legal prevent system is a good plan for right conflict.