General Theory Of Privacy

In 1890, Shamer Won and Luis Brandies, American law experts, published Privacy Right on Harvard Law Review, from this time on the right of privacy theory has inquired into constructs the construction question introduction legal science research and the legal practice with the system. The right of privacy is considered to belong to one of personality power important contents in common legal system , moreover becomes an item to receive the universal respect the international human rights. But in our country, the right to privacy is a familiar and strange concept. Because of the urgent need of the society, this concept has already been discussed and advocated by the masses and media. But on the legal system, except that a few clauses and judicial explanation presented, there is not one unified concept and norm of right to privacy so far in our country.This paper makes a system research to the general theories of right of privacy. At first, on the basis of a brief introduction to the background- theory about the right of privacy and research of its basic theory, the author concludes that the right of privacy rationale is respect for the personality and domination of privacy. Then, the author limits the category of the right of privacy. By studying the social and historical factors of the right of privacy and on the basis of clearing the existing definitions, the author proposes that the right of privacy is the right which related to the personal information, behavior and institute. According to the law.anybody else can't do any interference. And then the author analyses the conflicts between the right of privacy and other interests. Meanwhile the author gives some opinions to these conflicts. Finally, according to the situation of our country, the author proposes some simple conceptions of consummating the legislation of the right of privacy in our country.