The Conflict And Coordination To Privacy And Reputation

The introduction of the proposed right to privacy and reputation of the issue of conflict. Because the rights of the conflict would be detrimental to the normal realization of the right, when the rights of the causes of conflict in the time of the abuse of rights,as rights abuse has damaging,making the right to have the danger of conflict.In this paper,Zhang Yu events listed for the full manifestation of the problem.As a result,there is a need for legal rules to prevent and resolve the right to privacy and reputation of the conflict between.The three parts of the body include the following:The first part of the case and its analysis.Part of this article detail the case of Zhang Yu incident of the whole story,also introduced from various sources from all walks of life, issued a multi-angle views of the events and opinions.In this paper,Zhang Yu incident; analysis,pointing out that the focus of settlement of the case is clear:on the exercise of the legal nature of privacy;the exercise of the right to privacy under what conditions will cause the rights of the conflict;occurred conflict of rights,it should be how to deal with.At the same time,through the practice of law sector,Zhang Yu incident;analysis of the views of the study,combined with their own point of view,a list of disputes related to the two viewpoints,that is,one of the acts that constitute Zhang Yu reputation infringement;Zhang Yu of conduct that does not constitute infringement,the rights belong to the abuse.Finally, the authors put forward their view that the conduct was committed as Zhang Yu rights abuses,and caused the right to privacy and reputation of the conflict between the rights. This right conflict prevention,the key lies in the scope of application of a clear right to privacy;to resolve this conflict is to sanction the right to privacy abuse.The second part of the right to privacy and reputation of the conflict issues.First of all, this part of the rights of an analysis of the basic viewpoints of the conflict,that conflict with the rights of recurrent and inevitability,but also the rights of the conflict that only occurs during exercise;followed by an analysis of the right to privacy and reputation because of conflict Privacy the right to abuse;In addition the occurrence of the conflict also need to establish the fact that in the common basis of privacy and the right side in the conflict under the conflict interaction.Then on the right to privacy and reputation of the causes of conflict, basic features,the special nature of a comprehensive and in-depth analysis.Third part of the right to privacy and reputation of the coordination of the conflict and its system.This section of the right to privacy and reputation of the coordination of the conflict and the rules designed for a number of recommendations put forward.In this section,from the right to privacy and reputation of the causes of conflict,the only prohibition of abuse of the right to effectively avoid the conflict,and when rights conflict, the abuse of privacy in accordance with the rules of liability for damages to compensate victims loss of reputation.Taking into account the traditional liability system,such as the reputation of the right to compensation for moral damage is not sufficient,and articles that could be introduced in the civil liability for punitive,to make up for its shortcomings.At the same time,in view of the right to abuse the law only in the basic principle prohibitions,lack of specific rules,so I believe that the abuse of rights in the settlement of rights arising from the specific cases of conflict,can be compared or transferred in accordance with rules violations to deal with it.