Conflict And Its Legal Regulation Of Public Figures To Privacy And Freedom Of The Press

The conflict between press freedom and privacy of public figures is a hot spot nowadays in theoretical and practical legal field. Which side should be protected more, how to balance the two rights, actual Chinese law system seems could not answer these questions. There is no definition of public figures in Chinese law system. There are no regulations illustrates whether we should differ the public figures from the common people in privacy protection. Furthermore, how to balance the press freedom and privacy of public figures is a blank in our jurisdiction. As a result, neither the media, nor the public figures could find legal standards. How to lead the media, how to encourage supervising from consensus remain a practical puzzle.A well balance between the press freedom and privacy of public figures could protect not only the media, public gures, but also the public right to know. Therefore, this article dressed efforts to research the conflicts from four aspects.First of all, how to define the privacy of public figures and press freedom was concerned. Privacy, the right of privacy, the producing of privacy were studied. Especially distinguish the privacy of public figures from the privacy of common people.Secondly, the form, reason and essential of the conflict were analysed. Then the principles were suggested in this part.Thirdly, American and EU's related legal theory could be the base for Chinese legal workers. Their system and related cases are very helpful to figure out the Chinese own way.Last but not least, on the basis of above studies, the writer's suggestions in this field were stated. Combine the Chinese law system and typical cases, the theoretical frame of balancing that conflict appears.Presently, Chinese legal practise showed its progress in this field. Some judgements believe the public figures have a duty to abide proper consensus. Thus, we could develop this theory with common law's experience in the definition of public figures and actual malice rule. Do our efforts to enhance socialistic law system and make progress in democratic rule of law.