On The Privacy Right Of The Civil Servants And Restrictions On It

The privacy right of the civil servants is undoubtedly characteristic of restrictions as the civil servants form a special occupational group based on their status and influence over the society. As this kind of characteristic differs from the privacy right of an ordinary citizen and that of a public figure, particular regulations shall be imposed. Review of the related legal systems in every country will find that the development of the legal history entails the restrictions on the privacy of the civil servants. Analyzed in terms of jurisprudence, these restrictions are required by the civil servant career and the public interests.Therefore, some scientific legal arrangements shall be made for these restrictions in our society. The first one is to establish a unique legal status of the privacy right in our future Civil Law Code and further to establish independent remedial channels for violations of the privacy right borrowing from the PRC Tort Responsibility Law; the second is to make particular stipulations of the privacy right of the civil servants and state the scope of the restrictions considering the unique status and characteristic of the civil servants; the third is to give the principles for these restrictions, including public interests, legal policy, reasonable interests of the public, personal willingness, different restriction, restriction on restriction, etc; the fourth one is to give civil intermediation or civil responsibility priority to violations of the privacy right of the civil servants other than administrative or criminal punishments; the last one is to emphasize the restrictions on the privacy right of the civil servants with protections as the supplements, and view the restrictions with historical and dynamic eyes.This article has tree parts: the foreword, the text and the epilogue. The foreword raises the question, points out the present conditions of the research and legislature in our country and states the attitude and end of the composition.The text has four chapters: the first chapter is about the basic issues of the privacy right and that of the civil servants; the second part explores into the legislative practice of the inevitable restrictions on the privacy right of the civil servants caused by the historical development and analyze the inadequacy of related legislations in our country; the third chapter is about the jurisprudential analysis of the restrictions on the privacy right of the civil servants, theoretically analyzing the restrictions by the status of the civil servants and the public interests as well as giving attention to the present focus on internet activity and assets declaration between; the fourth chapter is about the civil legal regulations on the privacy right of the civil servants and its restrictions, proposing legislative methods to realize the maximum union of the restrictions and protections on the privacy right of the civil servants.The conclusion summarizes the whole text, emphasizes the opinion of the article and points out the inadequacy of the article.