Research On The Protection Of Privacy In Public Places

With the developing of science and society, the information era enables people the capability of gaining or spreading information of others much easier than before, which makes the links between people closer, penetration and conflict of the public sphere and the private sphere has become more and more frequent as well. The traditional right of privacy theory can no longer explain the behaviors which may infringe one’s privacy, occurring in the public places. It cannot meet the requirements of the public, who with growing consciousness of right, to their own right of privacy interests either. The concept of privacy in public places is thus arise. When talking about the possible forms of the behaviors invading the right of privacy in public places and the protections, the restriction bases on public advantages and the adjustment principle adjusting the conflicts with other rights should be highlighted. Meanwhile, it is important to realize the fact that the research on right of privacy in our country started lately, the basic theory is weak and the legal system is incomplete. In the process of legislation of protection of the right of privacy in public places, the quick success must be avoided, preventing loopholes in the legal system causing by hasty legislation from appearing.This paper is divided into the following four parts:The first part is a general overview of the right of privacy in public places. Firstly, it introduces the origin and development of the concept of the right of privacy and the definition and characteristics of public places, analyses the necessity of privacy protection appeared in public places as well. Secondly, it proves that right of privacy exists in public places from the aspects of legal precedent and theory. Finally, combined with the history of our country, national conditions and current situation of the establishment of the rule of law, the particularity of protecting the right of privacy in public places in our country were analyzed.The second part mainly discusses the legitimacy of necessarily restricting the right of privacy in public places and the adjustment principle adjusting the conflicts with other rights. It illustrates four main limit situation, and emphatically analyzes the situation that the identity of public figures restricting the right of privacy in public places,which is the most special one.The third part mainly discusses several possible forms infringing upon the right of privacy in public places, and makes specific analysis of whether the behavior is a violation of the right of privacy in public places through some cases, combined with the restriction rules and the adjustment principle mentioned in the second part.The fourth part mainly discusses the legislation of our country about public privacy protection and improvement suggestions. First of all,it affirms the rationality of the constitution taking a indirect protection to the right of privacy in public places. Secondly, it analyzes the importance of criminal law and administrative law on the protection of the right to privacy in public places, and puts forward some improvement suggestions. Finally, combined with < Tort Liability Law of the PRC > and the terms about the right of privacy in public places in the draft of the code of civil law, it analyzes and puts forward the unique opinion of the improvement of protection in the field of private law.