Free Of Restrictions

The freedom of speech and press of citizen can be fully protected by law, but the one, whose right of privacy was harmed by media, needs more assist from the law. Due to the legislation of the citizen's freedom of speech haven't appeared on stage and the imperfectness of law on protecting right of privacy, the research on this subject, citizen's right of privacy harmed by media is seldom.In the practice of trying this kind of case, divergence appears a lot. On the basis of this situation, looking for the legal balance of this two interests and developing them harmoniously is urgent. This is the purpose of writing this thesis.Starting from the view of how freedom of information infracts the rights of privacy, this thesis presents the concept, the origin and the relationship of the rights of freedom of information and the rights of privacy as well as the actuality of private rights protection from China to overseas and given comments in detail on standard balance point and the mainstream standpoints of the balance from these two rights. In the next place, by using the method including conception analysis, comparative study and interest scaling,this thesis discusses the conflict and the harmony between the freedom of information and the rights of privacy. Lastly, from the view of judiciary practice, according with classical cases, this thesis emphasized analyses the questions like the conflict reason of why freedom of information infracts the rights of privacy, the structure of this tortuous, the release of liability, the excuse of answer and so on in order to establish a logical and scientific civil liability reaching standard of freedom of information infracts the rights of privacy.