The Protections And Restrictions To The Right To Privacy In Conflict Of Rights

The course of the modern society development has been accompanied by the civil rights system becoming rich and perfect and the connotation and extension becoming outstretched, private right system is becoming better and approaching perfection day by day in the process of struggling with public power. The competition of the personal rights with each other is a notable social phenomenon in civilized states. The development of the right to privacy is the result of the growth of human dignity and consciousness in modern society. Along with the multivariate and complicated of society, the conflict with other rights or power becomes the core topic during the protecting course of privacy. The development of the right to privacy is another way of the conflict of right to privacy, which changes from a negative right to a positive right with the range being to expand. The function of the privacy is to prevent government and someone else aggressing on his right. The conflict of the right to privacy becomes generally as the result of the connotation and extension development, so the balance of the conflict becomes significant. In real life the conflict of privacy is widespread, the stronger of the information method and the public function of government are challenging the citizen's privacy. So how to provide sufficient and rational protections and restrictions is a significant theory task. This paper starts from the conflicts between other rights or power, by the way of analyzing the connotation,extension and nature, provides several suggestion and principle that could be referenced.Besides lead-in and conclusion, the dissertation contains three parts.Chapter one,defines the privacy and the right of it as the descriptive and factuality concept and the definition of privacy excluding the legal and moral evaluation as well as the public interest restrictions. Meanwhile, public interest is not the criterion but the limiting factor in the exercise of the right to privacy. The right to privacy is one of the concrete right of personality for nature person controlling the personal information, private activity and private sphere.Chapter two, analyzes the conflict of the right to privacy with conflict of rights theory in this paper,elaborates the conflict of privacy with the power and rights. Analyzes the substance and reflection in the conflict of the right to privacy with government opening the information and criminal investigation procedure and the conflict with the freedom of speech and spouse right.Chapter three, elaborates the legal building of the right to privacy and uses due process principle and balancing test to balance the disputes. Simultaneously, substance content of the privacy can't be restricted to ensure the key benefits of dignity.Defines the essence and type of the conflict of privacy with the analysis method of theoretic summary,comparative studies,empirical researches and interest balance. From empirical researches and theoretical analysis angle, this paper elaborates the substance,the reason and inevitability of the conflict between the right of privacy with the other rights or power. On that basis, gives the farther analysis of the balanced rules and how to use normalized judge mode to carry out the balanced configuration. So how to achieve the right balance is the emphasis of this paper.