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A Study On The Legal Protection Of Privacy Among Family Members

Posted on:2016-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:D S FuFull Text:PDF
GTID:2206330470963004Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The legal right of the right of privacy as a guarantee of personal living space is not subject to any infestation is particularly important, in the pursuit of personality of modern society seems to stand on one’s own. But because of "the law does not enter the house" in the traditional concept of family, so that in the field of privacy have been neglected for a long time, especially the minor children’s privacy and the privacy rights of spouses not long-term attention. This makes the protection of the right of privacy in the field of family is very weak, and it has gradually exposed many adverse consequences. The protection of privacy and family members often face a conflict with other rights, the protection of the conflict only to clarify the symptoms and causes can be an antidote against the disease of the right to privacy of family members are better. I focus on the family in the field of juvenile privacy and their spouses and children of the right to privacy, right to privacy conflicts may occur in the process of exercise as the angle of view, carries on the discussion on the protection of minor children’s rights of privacy and privacy right of spouse.The first part of the article first analyzes privacy between the family members, it analyzes the characteristics of the minors’ right of privacy, and the characteristics of the spouses enjoy privacy. Only noticed that these features can realize the right of privacy protection in the field of family is different with the outside world, they need special attention rather than used to protect one size fits all.The second part of the article analyzes the privacy and parental custody of minor children and spouses of privacy and the right to know the performance and the reasons for the conflict. Because of the family members to protect the privacy of the main problems is the problem facing the conflict of rights, the author in this part of the performance and the reasons for the conflict analysis, only finding the course of the conflict can the laws protect the rights of privacy.The third part of the article to undertake part of the contents, points out that our country to the minor children’s rights of privacy and protection of the spouse right of privacy and the existence of defects.The last part of the article, the author put forward to protect the family within the territory of the privacy of minor children the right to privacy and spouses perfecting suggestion. At full attention to the particularity of minors’ right to privacy and spouses to privacy, on the basis of solving problems found during the process of analyzing rights conflict. This part, the author draws on the theory of reasonable expectation and our country Taiwan area program supervisor system, security system to improve the minor children privacy safeguard system in detail as well as the spouse right to privacy.
Keywords/Search Tags:Members of the family, The privacy of minors, Spouse’s privacy, Conflict of rights, Legal protection
PDF Full Text Request
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