A Study On The Liability Of Picking

Making the phenomenon gradually popularization, more and more public begin to pick up the phone, DV to join of making the team, and has gradually shift from focus on yourself to participate in social management. Many of them making the legal consciousness is not strong, weak legal concept, sometimes even don’t know their behavior is violates the privacy of others, image and reputation. In today’s living standard is increasing day by day, everyone can be a guest, "want to re-building pat" in public places, "want to preach on" after went back home, but also generated a lot of making the others personality right infringement cases. Protection of the citizens’right of privacy, image and reputation are not violated, private life peace don’t become the awesome making the culture of a problem to be solved.This article tries to start from the analysis of a typical case, lead to this article to discuss the problem that citizens freedom and privacy of the conflict, two rights conflict how to coordinate? Because our country current law not to making the infringement behavior regulation, led to the trial results.In this paper, first of all, from the perspective of the citizens shooting freedom personality right conflict with others, through to the conflict, the essence of the conflict, conflict causes problems such as the analysis illustrates the citizens freedom of personality right conflict with others. Second from the general constitutive requirements of tort, summing up the constitutive requirements of making the tort liability, as a theory according to determine whether the behavior of making the infringement of civil rights and interests, which lead to infringement liability problems after. Finally by comparing method of outside investigation, the specific situation in our country, from the perspective of personality right law legislation, put forward the suggestion to solve the citizens’shooting freedom and personality rights conflict, finally to seek civil freedom and the balance of the personality right protection.