On The Protection Of Privacy And The Law

With the coming of Information Age, traditional protection of privacy has been presented with unprecedented challenges. The resulting social attention on human rights will contribute to the development of legal protection of individual privacy. This thesis will firstly analyze the basic theories of the right to privacy, then expound the actualities of legal protection of the right to privacy in China and the causes of formation, and finally make some suggestions about how to perfect the legal protection of the right to privacy in the future. The main parts are outlined below:Part One is about analysis of the basic theories of the right to privacy. Such relevant issues are discussed as production and development of the right to privacy, its characteristics and the component elements of right. The author then comparatively analyzes the right to privacy and other related civil rights, and finally demonstrates that the right to privacy is an independent and specific right of personality.Part Two is about comparative analysis of the system of the right to privacy. The study emphasis is on the legal protection systems of privacy of the U.S., Britain, France, German and Japan as well as their different evolvement. On this basis, the author describes the general trend of international legal protection of the right to privacy and sums up three types of protection mode.Part Three is to analyze the actualities of protection of the right to privacy in China. By reviewing the present situation of China on this point, the author clarifies the characteristics and profound reasons of such a legal protection system, and emphasizes the significance of reinforcing legal protection of the right to privacy in order to perfect the relevant legislation in China.Part Four is about consideration and suggestion about the actualities in China. It is carried out from three aspects: in science of law, we should rectify the relationship between the right to privacy and other relevant rights such as the rights of free speech; in legislation, we should strengthen the legislation of other laws such as constitutional law, criminal law, and administrative law as well as that of the civil law; in judicatory practice, we should strictly identify and define the scope and tort of privacy and attach great importance to the adequate application of the way to compensate damages.