The Conflict And Coordination Between In The Right To Privacy And The Right To Know

As two independent personality rights , the right of privacy and the right to know , its birth time later than other personality right, but along with the humanity protects the privacy and learns about the right demand to become seriously day by day , the right of privacy and the right to know around the world rapidly expand. But as the right of paraphrase correspondence, the right of privacy and the right to know between protecting and limiting aspects have various conflicts. On the foundation of elementary theories of the right of privacy and the right to know , This article attempts the method of the utilization induction analysis and the method of research comparison , to find the right of privacy and the right to know conflict's reason, the performance as well as the coordinated principle and carries on the experimental analysis,. Then makes this spring in the Hong Kong entertainment circle "Yan zhao" incident as an example of privacy and the right to know what happened during the conflict to the issue of protection for. Finally, makes certain suggestions on our country's right of privacy and the right to know legislation.The first part of article mainly elaborated the elementary theory of the right of privacy and the right to know, generalized analysis various School of thought, induces their similarity, and carries on the narration to it, and guides the right of privacy and the right to know concept, the content and the essential feature. The second part mainly introduced the UK-US legal system major countries and the mainland legal system major countries regarding the right of privacy and the right to know legislative survey, has analyzed the extant two kind of right of privacy protected mode, namely direct protected mode and indirect protection pattern. The third part is the key point which this article elaborates, namely the right of privacy and the right to know conflict's reasons and their manifestations, the utilization contradictory analysis's method has analyzed the right of privacy and the right to know conflict internal reason and the external reason emphatically, elaborated three kind of main manifestations which the right of privacy and the right to know conflict mutually: Citizen's right to know and between the public figure right of privacy's conflict, citizen's knowledge political power and between the government official right of privacy's conflict, citizen's information right to know with between other citizen message protection conflict which its must learn about. Through the right of privacy and the right to know conflict's reason and the manifestation to provide the theory upholstery. The fourth part is also the key point which this article elaborates, has analyzed the right of privacy and the right to know coordinated four big principles emphatically, including: The public interest principle, the right coordinated principle, the benefit weight principle, the Public order and Good custom principle, and provides the solution when the conflict for the right of privacy and the right to know which one first. And then use of these three principles to analyze "Yan zhao" incident of privacy and the right to know the conflict in the issue of coordination, and provide a solution. The fifth part has given the briefing on our country right of privacy and the right to know legislative survey, and will put forward my proposal to the future our country right of privacy and the right to know legislation.This paper will be discarded in the past on the right to know of belonging to the study of privacy, the right to know will be upgraded to the theoretical study with the same high degree of privacy, the two different of concepts, contents and characteristics to be counterparted. At the same time, prominent theory with practice, to privacy and the right to know the co-ordination of the conflict based on the principles of "Yanzhao" incident star privacy conflicts with the public right to know what protection will be the first.