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Conflict And Coordination Between Privacy And Right Of Knowing In Spouse

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2206330485450907Subject:legal
Abstract/Summary:PDF Full Text Request
With the improvement of people’s awareness of rights, the right to privacy has been placed in a crucial position, and all countries have introduced laws to give the necessary judicial relief measures to the citizens’ privacy. But the law also gives citizens the right to know the information which is related to the public interest, which is the inherent requirement of democracy and rule of law. The relationship between husband and wife is a special type of social relations, enjoy the rights and obligations of both parties with the general social relationship is different, the right of privacy and the right to know between spouses is contained in the general right of privacy and right to know, but also has its particularity in the spouse relationship, they often conflict, such as conflict, with loyalty in the privacy of the obligation of spouse and marital property shall be informed of conflict about the other spouse is the physical condition of the conflict, right of spouses, when the two conflict with the laws and regulations, public order and good customs, balance of interests, respect their dignity, the right reduction principles to carry out coordination, thus to better maintain the marriage and family relations.This thesis consists of six chapters.The first chapter mainly introduces the privacy rights between spouses defined. Including two sections: first section introduces the concept of the right to privacy, subject, object, and privacy features. The second section focus on interpretation of the spouse right of privacy definition and privacy rights between spouses of subject, object, for the discussion of the problem lay the foundation.The second chapter mainly introduces the spouse right to know the definition, including two sections: the first section introduced the concept of the right to know, subject and object. The second section mainly introduces object of spouse right to know the definition and spouse right to know.The third chapter mainly introduces our country to privacy and the right to know the right to the protection of the laws and regulations. Through on constitutional < > and < the general principles of the civil law >, < administrative law >, < marriage law > and so on for the right of privacy and the right to know the existing laws and regulations of the analysis, provides the legal basis for the below between spouses the right to privacy and informed of the conflict and coordination.Chapter four, chapter five, chapter six were introduced and privacy rights between spouses and the conflict between the right to know, the spouse the right to privacy and informed right conflict and coordination principle. This is the core content. Specifically, the fourth chapter includes three sections, the first section introduced between right of privacy and the spouse loyalty obligation right conflicts between spouses. The second section introduces the privacy rights between spouses to conflict with spouse marital property of the right to know. The third section introduced privacy rights between spouses with body condition of spouse right conflict. For following analysis problem and solve the problem lay the foundation.The fifth chapter mainly introduces the privacy rights between spouses and informed consent right conflict. The content includes the spouse rights of unequal, conflicts of interest, imperfect law is caused by privacy rights between spouses and right conflict is the main reason for the.The sixth chapter mainly introduces the privacy rights between spouses and coordination principles of right to know. Including legal norms and public order and good morals principle, rely on the law and moral together to coordinate the conflict between the two. The second is interest measure the judgment principle, through the surface of interest found a deep interest in, find the correct solution. The third is respect personality principle as well as the fourth power derogation from the principle, through the accurate application of these principles and promote spouse between privacy and the right to know in the coordinated development.
Keywords/Search Tags:Rights of privacy, Right to know, Public policy, Conflict
PDF Full Text Request
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