| The law of our country has not proclaimed the privacy right in writing, and also has not made the systematic research on the privacy right protection of the special subject—the civil servant. Author makes some discussions about the privacy right as follows: (1) the law problem of privacy right protection among civil servants in our country; (2) the research on the law characteristics of civil servant's privacy right (CSPR); (3) the historical reforms and comparative analyses of CSPR protection; (4) the improvement of the law system of CSPR protection. The study on the problems mentioned above has significantly sense to the proper settlement of right conflict, as well as the protection of legal privacy right of civil servant.The first part points out some problems existing in the privacy right protection of civil servant. First of all, our laws have so far not taken the privacy right as one of the specific personality right, the legislation is out of line with the judicatory practice, and the dealing with the conflict lawsuit between the supervision of public opinion, as well as the knowing right of the administration and the CSPR has none of the law basis. Moreover, the academic uses different calls when discussing the privacy right of "exercising public-right person" or "public employee", but the more accurate concept should be "the civil servant" borrowed from the criminal law. At last, the jurisprudence's basis of limiting the CSPR should be the power balance principle, the interests' assessment principle and the equivalent principle of right and duty.The second part shows the characteristics of CSPR. The essential characteristics of civil servant, the subject of right, is engaged in public affairs, i.e. performing the activities such as organization, supervision and management, and having management power with a certain degree as well. Privacy, the object of right, has the personality and minimal property. The four kinds of privacy right are all received the special limitation. As the subject of right, civil servant should not carry out the utilizing right and dominating right at will when his privacy gets involved into the nation's secrets. In contrast with common people, the protection field for the CSPR isfurther limited, and the limitation not only has different aims but also is somewhat compulsory . The main purpose of limiting CSPR is to vindicate the public benefit, whereas the limitation to the public person is for the public benefits and public interesting.From the regulation about the selection and examination of different levels of officials among successive dynasties' official system, the third part emphatically analysis the content related official privacy right, which characteristic is that the royal power is extremely expanded, the officials have no privacy right when facing the sovereign ruler, but have a more comprehensive civil right when facing the governed. We should make a referenced effort on the selection system such as imperial examinations system, recommendation system and supervision system. From the perspective of public benefits, some countries such as America set up the law principle in which stipulates that some privacy rights of public employees should be limited, and establish the systems such as properties declaration system, and etc.The fourth part makes an improvement on the protection suggestion of CSPR. The measures of the improvement are as follows: stipulating the privacy right in the law directly; establishing and enriching the related systems that limit the CSPR; making and improving the related laws; adding the regulations to the constitution that citizen should have the knowing right of administration; formulating three principles in civil law to limit civil servant's privacy right; revising the existing civil servant law and stipulating the duty on the civil servant to declare the properties truthfully; constituting two laws and regulations: the one is the moral code of civil servant, the other is the law of avoidance of corruption and bribery. |
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