On The Public Figures To Privacy

The concept of both right of privacy and public figure originates from America. Public figure's right of privacy is put forward in view of public figure's specialty in comparison with the common people. Public figures have general character, but their power or influence is different from the common people's, so their privacy is much more than common people's and it is closely related to public interest, the right to know and full realization of the freedom of information, therefore public figure's right of privacy should necessarily be limited. But public figure is after all a person, their right of privacy is necessarily limited, at the same time it should properly be protected.At first, through historical analysis to emerging and development of right of privacy, value analysis and comparative analysis of relative theory in this paper, the author attempts to raise the definition of object privacy of right of privacy, that is, the proper private information, activity and space the natural person is unwilling, it is inconvenient to him, to let others know and interrupt, then determines the concept of right of privacy. Through setting forth the history and current situation of public figure's emerging and development recorded in American common law, then make clear the reason and purpose which the concept of public figure isput forward, point out the meaning and classification of public figure and make an analysis to the characteristics public figures have. Through elaboration and analysis to the theory of limiting public figure's right of privacy, the author puts forward the legal principle for limiting public figure's privacy right: integrating public interest and public taste with cause. Under the guard of this limitation principle, the methods of limiting public figures' right of privacy are put forward, those are, the one of system limitation, the one of grading privacy, the one of conflict and coordination among different rights and interests. At last, through investigating legislation to privacy right and public figure's privacy right in concerning countries of common law legal family and civil law system, judicial current situation and the current situation of our country, the author puts forward the legislative conception of protecting public figure's privacy right in our country, that is, building the privacy right protection system that the constitution is the commander in chief, the civil law is the focal point and relative laws are forming a complete set. In the civil law, make clear the restricted and protective public figure's privacy right and delimit the key scope of public figure's privacy.