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Conflict And Coordination Between Right To Know And Right Of Privacy In The View Of Constitution

Posted on:2015-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:C W LiuFull Text:PDF
GTID:2206330464951583Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of the information age, people’s lives are closely integration, in order to better achieve democracy, civil society demand for information is growing, along with the importance of the public’s right to know is also highlighted. At the same time, over strong social lifestyle and becoming more and more open way of life, so that the privacy of citizens in a wide range of exposure in public view. In this context, the right to information and privacy conflict is inevitable. Such as the recent "open door" series of events, to the judicial and social order caused the adverse consequences. Research on Conflict and privacy right under the Constitution from the Perspective, the biggest feature is the involvement of the public authority, the subject of the special nature of privacy, this issue introduces a constitutional level analysis. Both right and privacy is both contradictory and dialectical relationship between unity, because our economy is weak, the imperfect development of the rule of law, and civil rights awareness stage, resulting in frequent conflict of two rights. Right to information and privacy conflict mainly in the field of public law and private law, the subject of rights, human rights and obligations, rights and restrictions on the rights of the content of the composition of the structure of the model itself, the two conflict. The right to information and privacy coordinate the conflict from the coordinating body should be divided into two major categories of the legislature and the judiciary, and legislative measure should apply the principles, case law principles to measure the benefits, rights and principles rank value to complete the entire principle of proportionality coordination process. Accordingly, the coordination of procedures for the rights of the conflict is also based on two different subjects, divided into the legislative process and the judicial process to design, respectively.
Keywords/Search Tags:The right to know, The privacy, Fundamental rights, conflicts, Coordinate
PDF Full Text Request
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