Research On The Legal Issues Of Intimacy Privacy

The protection of the intimacy privacy is an essential aspect in the right of privacy research, however, currently research literature both at home and abroad related to the problem have fresh quest. Violations of intimacy privacy in real life occur frequently, calling the law to provide a solution for the law dispute. Therefore, theoretical study of the protection of the intimacy privacy has great significance in abundance of theories research of the right of privacy and perfection of relevant legislation to help the People's Court properly handle the relevant case.In this paper, the study of intimacy privacy can be broadly divided into four parts. Outlined as follows:Partâ… , the concept and categories of the intimacy privacy. The part carries on a clarification to the basic concept of the intimacy privacy first, defined in the distinction among privacy, the right of privacy and intimacy privacy .And indicates that intimacy privacy as a part of privacy changes into a legal relationship after the adjustment of the law . It is a social phenomenon not a right, the significant difference between intimacy privacy and privacy lies in its "common". Followed by analysis the paper points out that intimacy privacy is a legal phenomenon of personality interest share, in which each of the related party enjoyed an independent right to privacy. Finally, intimacy privacy has been divided into three categories, namely, the intimacy privacy of the family, the intimacy privacy between the parties of other social relations, and the intimacy privacy related to the dead. The article in particular discusses the issues of the intimacy privacy related to the dead, when which has been violated, exploring to find an answer whether it should be provided legal remedies, how to relief.Partâ…¡, the right conflicts of the intimacy privacy. This part elaborates the right conflicts involved into the intimacy privacy. Conflicts between the right to know of the public and the special one and the right of privacy of the parties of intimacy privacy are one of the external conflict .Internal conflicts are consisted of conflicts of the right to open and to maintain, conflicts of rights to self-determination, and conflicts of the rights to know among the parties of intimacy privacy. This part takes the right conflicts relating to intimacy privacy as a weapon to interpret the contradictions in real life, seeking for a solution. Partsâ…¢, the confirmation of the violations against the intimacy privacy. It focuses on analysis of intimacy privacy violations, which have been divided into unilateral and common violations. Unilateral violations against intimacy privacy refer to violations conducted by a signal one. There are no differences in constituent elements between unilateral violations and general violations against the right of privacy, which composed of the subjective fault, damage, offense and the causal relationship between damage to the facts. Common violations against the intimacy privacy refer to violation conducted by two or more, who should be held joint and several liabilities for the infringements. Besides the subjective fault, damage, offense and the causal relationship between damage to the facts, common violations include some special constituent elements. They are plural of the parties, the meaning of contact, a common fault or acts related and the unity of the results. The part takes hours to analysis the constituent elements of infringements in order to provide a legal support to confirm such infringements.Partâ…£, the protection of the intimacy privacy. It takes efforts to discuss the protection of the intimacy privacy. Firstly, from the social and psychological point of view, illuminates the necessity of the intimacy privacy. And after the discussion of the current legal status of protection to the right of privacy, pointing out the weakness of the legal protection, it suggests that the right to privacy should be confirmed as an independent personality rights in law. Secondly, according to our current law, it probes into what legal responsibility they should take after the violation of the intimacy privacy. Finally, the part bring forwards that the public interest and the consent are the two reasons to exemption from the legal liability.