The Theoretic Of Privacy

The right to privacy is the right for citizens to enjoy the legal personality, which is an important component in a modern system of rules of law embodied in the national legal system of protection of human rights. Focused on the independence of individuala and natural character, and on the existence of legal persons, it is the full and essential conditions of protecting privacy, which embodies the priciple of "born free" and other fundamental values. With the continuous process of social civilization and human progress, individual citizens continue to enhance the awareness of the rights to privacy and more and more pursue the respect for and protection of their privacy. From the perspective of jurisprudence on the right to privacy, the whole essay has been divided into four chapters:Chapter 1 has studied the origin of Privacy and gave a definition of it and found that privacy is the matter inconvenient to be disclosed or not willing to be disclosed to others. Privacy is one of fundamental human rights, and which is the personal life, having nothing to do with the full enjoyment of public life and public interest, and prohibiting others to interfer in it. Based on this, this article analysed the protection of privacy in Sino-Western history.Chapter II discussed the legal basis of privacy whose main base is that privacy only recognized individual as the subjects of rights, and the deceased and social organizations should not be recognized as such subjects. The nature of privacy includes two levels,i.e. interest nature and human nature the privacy. Privacy has been based on freedom as its fundamental values and on the individual dignity as the ultimate values.From the perspective of the conflict the Rights,chapter III discussed the limits on privacy. It mainly analysed the conflict between privacy and the right to know, the main principle of resolving of this conflict is to uphold that of equal rights and the principle of giving priority to public interests. The privacy and freedom of the press are also conflicting. The co-ordination of the their conflicts need to achieve a balance of interests, i.e., the privacy and public interests , and need to achieve a balance of privacy interests and the interests of news media.Chapter IV discussed the dilema confrontered by the right to privacy in China and proposals for its development. At present, China's theory of privacy is not yet mature, legislation of privacy protection, judicial system is not yet perfect .The legal protection system is characterized by "less content, low level, weak means " and need to be improved in our Constitution, Criminal Law and Civil Code and other legal system so as to strengthen the protection of privacy, to meet the needs of the development of modern civilization.