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Officials To Privacy And The Public Know That The Regime Of The Conflict And Its Legal Regulation

Posted on:2008-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:P HuFull Text:PDF
GTID:2206360215960787Subject:Law
Abstract/Summary:PDF Full Text Request
Right of privacy with the right to know are all belong to the basic rights of a natural person. But in fulfillment these two kinds of right will usually take place the clash. The right to privacy is an important item among the rights to personality enjoyed by natural persons and strictly protected by law in general case. However, because of the special identity of the civil servant, the scope of his right to privacy is less than that enjoyed by ordinary citizens and some of his personal life has already become one part of political life. In addition, some of his privacy which may affect political and public interests shall be known by citizens and therefore the conflict exists between the citizens' right to know political information and the civil servant's right to privacy. Since the civil servant possesses power which originates from right and the improper exercise of power will lead to damage to right, the conflict between the right to know political information and the right to privacy is actually inevitable. In order to protect the proper exercise of power, the right to know political information must be strengthened and the right to privacy enjoyed by the civil servant must restrained. In addition, the special identity of civil servant is enough to compensate the restriction of part of his right to privacy. Therefore, the law shall protect the citizen's right to know in priority and appropriately restrict the civil servant's right to privacy. In this article, by analyzing the current situations and disadvantages of the exercise of the right to know the political information in China, I raise my own idea about the revolutions to the conflict between the right of privacy and the right to know political information.Nowadays, our country has many drawbacks in the protection of citizen's right to know political information: Firstly, our thought is out of date. Because of the influence of traditions and the lack of legistive thoughts, many civil servants can not get used to be inspired by social public. For their own benefits, they take the opposite points; secondly, many politics can only be put into practice in some special areas, the civil servant's privacy disclosing has not been constrained by law. Lastly, we have no relative relief and supervise treatments.Started by studying the theory of right of privacy and right to know, this article is divided into four parts: In the first part, the author analyses the meaning of right of privacy of civil servant and right to know political information. In fact, right of privacy of civil servant is an obscure concept, we have no accurate definition to it. So the contents of the right of privacy is different because the difference of individual's thoughts and social traditions. on the other hand, we have different definitions on the right to know, so in this article, the author emphasizes on the concept and contents and the historic oration of these two rights and points out the different characteristic between the right of privacy of civil servant and the right of privacy of normal citizens; In the second part, the author elaborates the conflict between right of privacy of civil servant and right to know political information, and analyzes its cause; In fact, the conflict of these two rights belongs to the conflicts between public rights and private rights, which focuses on public benefits, Unquestionably, the value of public benefits is above all at the present society; In the third part, the author points out the revolution to the conflict; In fact ,the conflict of rights can be resolved, but we have to acknowledge that the right to know political information and the right of privacy is of great importance to every body in our society, but on the contrary, we put very little emphasis on it in our law system, just because of it ,many tortions can not be punished in our judiciary practice and constraining the right of privacy of civil servants system, is the trends of many countries' legislation. So, we should confine the relative principle and concrete treatments directed by it. In the last part, the author points out the legislation perfection on the conflicts of the right of privacy of civil servant and the right of privacy of normal citizens as well as the constrain and exceptional regulation to the right of privacy of civil servant.The innovations of this article are pointing out the writer's view to the property and contents of the right to know, and the imagine of how to deal with the conflicts of the right of privacy of civil servant and the right of privacy of normal citizens.
Keywords/Search Tags:right of privacy of civil servant, right to know political information, restriction, legislation
PDF Full Text Request
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