Privacy Study

Being one of the rights of personality, the right of privacy is an important civil right, which embodies Person's dignity and value. It's becoming more and more important in economic life nowadays. Although in China we can find some regulations about the right of privacy in 《Constitution》, 《The General Rules of Civil laws》, 《lawyer law》 till today there are no any law that states this concept "the right of privacy" definitely. The protection towards this kind of right is not clear and we usually write the right of privacy into the right of reputation. In terms of legal principle, the formation of the injury to the right of privacy is different from the formation of the injury to the right of reputation. Only in the case that the disposing person spreads false information which does harm to the reputation of the injured, the injury to the reputation of the injured can be formed, while revealing and spreading other person's privacy (although are usually real) maybe form the injury to the right of privacy, but can't form an injury to the right of reputation. Therefore, at present in China there are some shortcomings in the laws of the right of privacy and its protection, which we should consummate as soon as possible.Freedom of press and control of press are not only civil constitutional rights but also initiated by the policies of the Party. The raising of the right of information with more and more concerns about it not only provides internal legal basis for the press to spread information in time, but also gives more space for freedom of press and freedom of creation. In our country, for varied reasons, theories about this right can seldom be found in laws. But in judicial practice, the conflict between this right and the right of privacy is very common not only in public right field but also in private right field. Especially the conflict between the public's right of information and social famous figure's the right of privacy is very obvious. So it is very important for the stability of social order and the improvement of the building of democratic and legal system to coordinate and solve the conflict between them carefully.With the social life becoming more complicated and the formation of Internet information, people more and more dependent on scientific tools. The searching for personal data and reuse of them are easier and faster than ever. Personal privacy is gradually exposed to the public and the possibility that the privacy may be detected becomes more and more. The protection towards the right of privacy has never been challenged like today. The ignorance of personal privacy happens now and then. Nothingcan be done to prevent it absolutely. Once person's privacy is spread by network, we can't predict its spreading range. Furthermore, since computers have entered into all fields of people's life through network, when people use their computers consciously (thinking of person's privacy as other working information and inputting them, such as home address, telephone numbers for shopping through network), or unconsciously (when using computers normally, people are not aware that he is putting his personal records into his computer, such as personal letters, diaries, etc.), they expose their privacy to the network, providing the possibility for invaders to infringe upon their rights. So the popularity of computers as a tool to record information becomes the possibility that people's privacy maybe be infringed upon and the unlimited network as a tool to spread information provides some favorable conditions for the outcome of tort to extend in a big range. Therefore, how to prevent somebody from injuring personal private rights caused by the popularity of computers and the development of international network has become an instant problem.The right of privacy is a basic civil right, which has come into being in many countries since the end of the 19th century. The discussion about how to compile our civil code has gone on for many years. The situation to revise the civil law is ove...