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Study On Legal Protection Of Minor's Privacy Right

Posted on:2009-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:J W LiFull Text:PDF
GTID:2166360245467885Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right of privacy is an important personality right getting widely accepted in nowadays society, but it is not being clear stipulated in the law of our country so that it can not directly be well protected. The minor's right of privacy is easier to get violated, and even be ignored in a lot of circumstance. Which kind of way is the most effective to protect the minor's right of privacy? This thesis deeply analyzes the problem and offers the unique suggestions.The first chapter of the thesis starts with clearing the concept, researching on the privacy and the right of privacy, doing the introduction and commentary through the international human rights' document, legislation all over the world and the theory study, finally defining the minor's right of pivacy and raise the necessity and particularity of the protection of the right. The second chapter introduces the legal principle foundation of the minor's right of privacy protection, demonstrating the issue from the basic human right theory and disadvantaged groups' right protection theory, giving prominence to the significance of the theory and the practice about the minor's privacy right protection.The third chapter mainly analyses and discusses the current legislation situation and the existing problems of the legal protection of the minor's privacy right in our country. Around the current legislation situation, the author analyzes the protection system of the minor's privacy right in the counry and the relevant regulations of the issue of the current available 4 main civil code. Around the existing problems of the minor's privacy protection, the limitation ofthe legislation, the insufficiency of the social protection and the families' protection, and the vacancy of the special protecing organizations are discussed.The fourth chapter brings forward the law countermeasures to the minor's right of privacy protection of our country. On the basis of the above discussion, beginning with the current situation of the privacy protection of our country's minor, the author proposes that in theory, bringing forward the "reasonable privacy expectation" as a standard, clearing the protecing range of the minor's privacy right; in legislation, improving the legal system of the minor's privacy right; in practice, increasing setting up the protecting organization of the minor's privacy right.
Keywords/Search Tags:minor, the right of privacy, protection
PDF Full Text Request
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