On The Object Of The Right Of Privacy

The right of privacy, which comes from overseas, takes root in Chinese soil immediately. The status of the right of privacy as a concrete psychic personality right has been unshakeable and found its own position in the civil code. But now, the domestic basic theory on the right of privacy is limited to the introduction of the overseas theory of the right of privacy, focuses on the legitimacy of the right of privacy and the enumerating of the contents. And the study on the constitutive requirements and legal responsibility for the invasion of privacy doesn't deviate from the existing model of tort law. There are many discussions on the privacy in network and other new areas, but they are merely the right of privacy under specific circumstances. What's more, the discussions cannot throw off the influence of the basic theory of the right of privacy. In China, the current laws on protection of privacy are too scattered and vague, and maneuverability of the laws is not strong. The direct reason why researching into privacy led to a bottleneck is that the domestic valuable cases were rare, and the fundamental reason is that research focus is not accurate enough. It is difficult to imagine that when we are familiar with the subject of right of privacy ,with how to make use of,protect and control privacy, and with the patterns and the responsibility of violations of the right, "what is the privacy" of the proposition is poorly understood. To study the privacy should start from the object of the right. For the purpose of making clear what privacy is, it is the starting point to inquire into the right on the basis of it and all issues centering on it.This article begins with the value of privacy, attempts to define privacy, and then comes to a conclusion that the essence of the privacy is private information. Further more, the article explores how to identify privacy, finally, analyze the privacy in some special situations.The article consists of three chapters besides the preface and conclusion.Chapter one gives a definition to privacy. This chapter firstly analyzes the value of privacy for people, and then discusses the essence of privacy. Through semantic analysis, this chapter explores the original meaning of the word PRIVACY in Chinese and in English. Based on the above analysis and discussion, this chapter makes a conclusion that the essence of privacy is private information, but not private action and personal space, and features of privacy as information includes authenticity, personality and confidentiality.Chapter Two identifies privacy. This chapter, firstly, discusses the classes of privacy, and then makes a conclusion that the subjective and objective standards shall be combined when identifying privacy. This author holds out that privacy can be identified through protection measure of privacy, and whether protection measure of privacy is suitable and can be accepted by public should be judged by courts in individual cases.Chapter Three studies privacy in some special situations. This chapter discusses deeply the following privacy, that is, common privacy, privacy in public place and privacy of public figure. And this chapter also analyzes whether behavior suffering penalty and publicized information are privacy.