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On Completing Legal Right To Privacy In Our Country

Posted on:2011-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:W LuFull Text:PDF
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The protection system of right to privacy of the law in our country is relatively systematic, which goes against the protection for the lawful rights and interests of citizen. The behavior which invades the right to privacy in reality is becoming more and more frequently, but insufficiency of relative protective system makes the staff of administration of justice at loose ends. Therefore we need to explore the lawful protective system of the right to privacy.This thesis is about twenty thousands words, is divided into 4 parts:In part-1, privacy and the right to privacy will be introduced, and then the current lawful system of right to privacy of our country will be introduced. The main problems: concrete regulation, responsibility of infringement are not clear, as well as the way of liability for tort and the exclusion among articles of law. Therefore the protective system for right to privacy, to some degrees, isn't at large enough. The content from conception to the liability for tort of right to privacy should be perfected.In part-2, necessity of protection perfection of legislation for right to privacy, we should consider the necessity of protection perfection of legislation for right to privacy from historical angle, lawful global and the development of technique. Hominid had the original protective consciousness for privacy in early stage. Later in ancient law system some protective regulation and relative system existed. After civilization, privacy, even the right to privacy developed rapidly. In modern times, privacy in our country hasn't been emphasized because of traditional and historical factors. The protection for right to privacy seems to have already been unionized in the international society in modern times and the United Nations and the declaration and treaty of other international umbrella organization are involved into the right of privacy. The development on technology of our country is relatively backward, compared with development in Europe. Meanwhile, the existence of Internet and e-commerce put forward new requirement for traditional protective system for right to privacy.In part-3, the main content is about the reference of protection for legislation from foreign laws in terms of right to privacy. At first, protection measurements on right to privacy are listed, which includes mainly direct, indirect and general protection. Ant then, the situation of legislation in terms of right to privacy in British, American and continent legal systems will be introduced: In America protection for right to privacy has already established many departments by Federation Constitution, law of torts, administrative law, and Federation Constitution and legislation of other states combine closely so as to form the lawful protective system for right to privacy; though Britain also takes legal precedent law as an important source of law, the independent situation of right to privacy never be permitted in Britain, but belongs to other rights to be protected; Civil Law of France was revised in 1970 in France and then the law that protected personal data was approved in 1978, then the protective system of right to privacy was gradually perfected on the base of legislation, but the experience in law is still insufficient; Germany made expansively explanation as legal ground for Constitution and Civil Law after WWII, and on the base of which, Germany approved a series of laws to make sure the independent situation of right to privacy; Japan approved that the right to privacy should belong to basic rights and duties of citizen in Constitution in 1969 for the first time, but didn't list the right to privacy as an independent human right.Part-4 is the important part of the article. In part-4, the idea of protection of perfection for legislation in terms of the right to privacy is put forward, and Civil Law on perfection of right to privacy is discussed. The main body of right to privacy should be natural person, and object includes personal information, personal activities and personal territory, of which the content is divided into privacy maintenance right, right to privacy, utilization right and punishment right.Secondly, conflict of right to privacy is introduced, mainly including the conflict of right to privacy right to know and free expression right. The solution to the conflict is the protective important point for right to privacy carried out by enforcement apartment. In the aspect of legislation, we should find out the boundary of conflict among rights and restrict so as to correctly deal with the dispute of rights; in the judicial practice, we should coordinate well to try to meet the needs of both sides.Above all, discuss all kinds of special protection for right to privacy.The conflict of freedom of the press and right to privacy is common. The conflict shows on value, which is also the conflict of freedom of expression and respect and protection of private life of citizens. Therefore in the aspect of legislation, during the interview, reporters should do as relative regulations and procedure; when conflict happens, protection for right to privacy of interviewees should be done above all.The right to privacy between the couples is the subordinate concept of right to privacy. The conflict of right to privacy between a couple and the right to know embodies mainly that one side's right to know for the social private information of the other side. Marriage Law of the People's Republic of China doesn't mention the concept of right to privacy, which lacks maneuverability, so relative protective system should be added.Custody (of A Child) that parents have on their children and the right to privacy of juveniles conflict with each too. Protection for the guardianship of juveniles is higher than protection for the right to privacy of juveniles. Therefore in the aspect of legislation and judicial practice, we should make relative protective system according to concrete situation, to coordinate the conflict; above all guardianship of juveniles of parents should be higher than the protection for the right to privacy of juveniles, which is good for education, management and remedy of juveniles, and which is also good for juveniles'health.In the modern times of high-tech and Internet, the situations that invade other right to privacy by Internet happen occasionally. We should use some legislation practice of western countries for reference, to draw up Protection Law Regarding to Electronic Data Information of P.R. China, so as to protect right to privacy in the Internet.Doctors should know about patients'physical condition during treatment, therefore the right to privacy of patients is possibly infringed at random. To protect patients'right so as to protect their right to privacy, protection for right to privacy of patients should be brought into Law of the People's Republic of China on the Protection of Consumers'Rights and Interests, and perfect relative protective content.
Keywords/Search Tags:Right to Privacy, Conflict, Legislation
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