On Constrictions On Right Of Privacy

It is an important sign of human civilization's progress that people's privacy have been regarded as a right in the law. Yet, We pay attention to privacy in the law, which is not mean that right of privacy is boundless. Appropriate restrictions on right of privacy will be of great benefit to a harmonious relationship between public interests and personal interests and to reducing of conflicts between the right of privacy and the other rights. This thesis is divided into five parts: first, the need for restrictions on right of privacy;second, the principle of restrictions on right of privacy; third, the restrictions on right of privacy of public officials; fourth, the restrictions on right of privacys of public figures.;fifth, China's . legislation and practice to restrictions on right of privacy. Each part of the contents of the summary is as follows:Firstly, it discusses the need for restrictions on right of privacy. The need of restrictions on right of privacy expressed in the following five areas: 1. The restrictions on right of privacy is to meet the needs of social interaction. In order to meet the needs of communication between people, we must let others know the information about our conditions. Extreme advocates of right of privacy will hinder the normal social communication and interaction. 2. The restrictions on right of privacy is to safeguard the public interest and to meet the needs of the public interest and reasonable public interest. When personal privacy interests and public interests or the legitimate public interest in conflicts, in order to protect the public interest or to satisfy reasonable public interest ,we should limit right of privacy to a certain extent. 3. The restrictions on right of privacy is to protect the right of supervision by public opinion and citizens' right to know . 4. The restrictions on right of privacy is to safeguard the interests of the people enjoying privacies. 5. The restrictions on right of privacy is to meet the need of self-help and self-defense.Secondly, it discusses the principle of restrictions on right of privacy. 1. The principle of choosing in different value. There is a sequence of the value of internal relations behind the rights protected by the law. When the privacy and other rights in conflict, we should decide what kind of value behind the rights should be given priority protection in accordance with the values of order. 2. The principle of balance of interests. Different rights mean different interests. There are conflicts in different interests thereby leading to the conflict of rights. So the restrictions on right of privacies, in practice ,are coordination and balance between the interests behind the right of privacy and other rights or powers. The coordination and balances of interests include the following: 1, Public interest should be protected prior to individual interests;2, The coordination and balance between privacy interests and the interests of public order and good customs, between privacy interests and the interests of public interest ;3. The coordination and balance between privacy interests and the media's interests; 4, The coordination and balance between the privacy interests and the right to know of the other citizens or organizations.Thirdly, it discusses the public official's restrictions on right of privacies. As public officials have certain powers, its acts is closely related to public interests, there are conflicts between their rights of privacies and their job requirements and the obligations , public officials' rights of privacies should be restricted to a certain extent. Public officials'personnel flies should be as public information; private lives of public officials should be free of necessary restrictions. They should be better compliance with public morality; the property status and other important matters of public officials should be declared open.Fourthly, it discusses public figures' restrictions on right of privacies . Public figures are engaged in public activities generally concerned with the social and public life. Public figures' rights of privacies should be appropriately restricted. Public figures' restrictions on right of privacies should follow three principles : first,their personal privacy will be far from excessive interference;second, we should maintain balance between meeting the legitimate public interest and safeguarding public figures' dignity;third,the medias' acts will be regard as tortuous act if they harbor actual malicious. On the other hand, we have to limit the scope of public figures' right of privacies.Finally, it discusses China's legislation and practice about restrictions on right of privacies. At present,China's legislation and practice about restrictions on right of privacies is in a relatively backward state. Basic rules on pretection and restriction on right of privacy have not been taken in Chinese law; public officials' right of privacy have been restricted a small in the law, but those rules are not very well; rules on public figures's restrictions on right of privacys have not been taken in the law,yet there have been breakrough in the judicial practice.I propose that in Chinese Civil Code developed in the future , we have to take the right of privacy as an independent right of personality. We should enact "Privacy law"in the form of part of civil law.In order to restrict public officials' right of privacy , "The law to constrain the civil service ethics acts"must be enacted independently.