The Protection Of Privacy And Limitations

In the actual law of our country, the legal protection to the right to privacy is still infesting to the right of reputation, but looking from the present trend of development about the legislation and judicature practice, the independent status of the right to privacy will consequentially receive Acknowledgement step by step. Now the most difficult problem in legislation and judicature of our country is how to protect the right to privacy reasonably. So we must, as other country, solve the traditional problem in the domain of the protection about right to privacy, at the same time ,we have to face a series of new problems in the domain of the protection about right to privacy. From the angle of legal practice,this thesis emphatically probes into the protection and limitation to the right of privacy,aiming to the resolution to the conflicts and contradictions of right emerging in the practice of privacy right protection.This theis is divided into three parts besides the the part of introduction.Part one summary of right to privacyThis part provides a brief intrudction to the origin and evolution of the right to privacy, synthesize various opinions about the concept of the right to privacy, generalize their sameness ,and ,according to this , educe the general character of the right to privacy and the practical importance of the right to privacy to our country. This part has introduced the survey about protection of the right to privacy in each countries.This include the condition of legislation and practice of judicature about the protection of the right to privacy, in Germany, France, Japen as the civil law family, and Britain, America as the case law family.Through the evolution of legal system of the right to privacy,the difference of the protection about the right to privacy in the tradition of legislation in various countries has been opened out.Part two the conflict of right about protection of the right to privacyThe conflict between right to privacy and knowledge right is a traditional problem in the domain of he protection about right to privacy. The conflict between the right to privacy of national official and societal public personage is the typic example of that conflict.This article is going to make a detailed andembedded analysis and discussion about the conflict of these two rights, and put forward my own opinion. In this part, the conflict between guardianship* right to spouse > management right of the employer and right to privacy has been discussed, through analyzing the characters of these three pairs of rights, the view and the balance method of these conflicts have been put forward.Part three The technique develops with society to protect the legislative clash to the right of privacy with perfectIn this part, the author discuss these newly appearing hotspot problems about which the public care, these are the impact of the information society with advanced technology to the right to privacy, the restriction from public security to protection of right to privacy, the restriction from public sanitation to the protection of right to privacy and the protection of right to privacy in public. Through the generalization about the actuality of the protection of right to privacy in our country, the author summarizes the problems in the protection and restriction , in legislation and practice of judicature, of right to privacy , which need to be paid attention ,put forward the advice and expectation to the protection of right to privacy in our country.