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Discussion: The Civil Law Protection And Limitation Of Right Of Privacy Of Public Figure

Posted on:2007-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhanFull Text:PDF
GTID:2166360242979351Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the times and progress of the society, the conflict between public figure's right of privacy and social right to know is becoming fiercer and fiercer. It has already become an important topic of our times that how to limit its right of privacy rationally while protecting right of privacy that public figure would enjoy, in order to safeguard common people's interests of the society and meet common people's rational interests. Our country legislates very few to this. How to balance conflict between the two in judicial practice faces the doubt that cannot be untied. In the academia, there's very little study on public figure's right of privacy, it's unable to provide the intellectual support for similar judicial practice. Therefore, combined the basic spirit of law and general principle, the study on public figure's right of privacy seems urgent and essential. This essay defines public figure's concept and originally puts forward four elements of important document, the composition of public figure's concept. On the basis of tracing back to the legal origin of right of privacy and defining its meaning, this essay explains the legal characteristics and the construction of public figure's right of privacy, then analyses the construction of tort liability of public figure's right of privacy, the doctrine of liability fixation and the exemption, and analyses the common issue of tort in public figure's right of privacy. This essay puts forward the way and rule according with our national conditions in which the civil law protects public figure's right of privacy. Meanwhile, from meeting the need of the right to know of common people, the need of public interests, the need of interests balance, the need of equal between right and obligation, this essay systematically analyses and demonstrates the reason of rational limitation of public figure's right of privacy, and puts forward the balanced principles and legislative propositions to the conflict between public figure's right of privacy and the right to know of common people.
Keywords/Search Tags:public figure, the right of privacy, limited protection
PDF Full Text Request
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