On The Right To Privacy

Privacy right is an important personal right. For most of the civilized state, enforcing the legislation and justice protection of privacy right has become a common sense. At present, in our legislation, the privacy right legislation isn't stipulated explicitly as an independent personal right. Perfecting the legislation of privacy right is not only the needs of legality building and the development of market economy but that of basic rights for citizen. This article, from the point of view of analyzing privacy right, makes a general study on privacy right system.The first part: the concept and characteristic of the privacy right. In view of the importance of the concept, this part enumerates the experts on the concept of the privacy and approves of the dominant ideology. But it thinks privacy right has nothing to do with the public interest; and also believes privacy right is a birthplace right and it possesses the characteristics of objectivity, absoluteness and history development.The second part: the generating, development and history actuality of the privacy right. The privacy right, as a legal right, is set forth its causing process, its development in world-wide, as well as its history and actuality in our country. In addition, this part analyzes the relevant causes of the privacy development, believing that the causing of the privacy can't be separated from the ample background and foundation provided by the society, and culture reasons such as ethic, moral, culture, etc. have an important effect on concept notion. Meanwhile, technology can also affect the protection of the building and development of privacy system. The third part: the concept and structure of privacy right. This part analyses experts on concept of privacy right and make an analysis of the subject, object and content of privacy right. It believes that privacy right is an activity personal right and the subject of privacy is just natural person, confirming that the death isn't the subject of privacy can't be inconsistent with acknowledging the interest of the dead before his death protected by law. The object of privacy right includes the legal privacy, the privacy regulated by the law(sexual behave prior to marriage), general privacy of violating the rules and the privacy of slightly violating laws.The fourth part: the relevant right with the privacy. This part analyzes the relations between privacy and portraiture right, privacy and right of name, privacy and right of fame. It believes that privacy right that has a strict separation with other specific personal right, which can't be replaceable one another is an independent personal right. It also sets forth coordinated principle when privacy conflicts with right to learn the truth. And makes an analyses on several kinds of the solving methods of conflicting between privacy and right to lean the truth occurred in the reality of our country.The fifth part: civil law relief of the privacy. This part sets forth civil law protection method of privacy nowadays, responsibility structure of violating privacy and shouldering method of responsibility of violating privacy. It believes that privacy shall adopt direct protection method and the indirect protection is incomplete and non-thorough. Besides, this part offers the suggestions on the considered cause of repaying amount caused by the spirit damage violating privacy in the reality in our country.The sixth part: privacy right protection in network virtual space. With the rapid development of the network, the protection of the network privacy has become an important aspect of privacy protection. This part analyzes challenge brought by the network era to the privacy protection and win-win problems of privacy protection on network. In addition, this part elaborates the protection scope and principle of personal privacy on network, protection mode of personal privacy on network and actuality of network privacy protection of our country.The seventh part: suggestion on the privacy legislation of our country. By above analysis, this part believes that in the future legislation of our country, the privacy, as an important personal right, should be protected. Meanwhile, the legislation should regulate the content and scope of privacy protection, the relations between privacy and right to learn the truth and regulate social effects of pollution properly.