Discussion On Private Law Remedies For Privacy

More than one century ago. Samuel Warren and Louis Brandeis introduced the theory of the construction of legal system into the privacy rights and legal theory research practice areas in the article "right to privacy" on the "Harvard Law Review". In the mid-twentieth century, the "Universal Declaration of Human Rights", "International Covenant on Civil and Political Rights" and other international documents on human rights clearly stated privacy is a basic human right. Thus, the right to privacy has become a topic of concern to many circles in the world. The study of privacy in China has had a late start, and in legal theory and judicial practice there are many issues that need clarification. The existing legal system for the protection of privacy legislation does not exist clearly, accurate and complete protection of the rights of the status quo. Based on a comparative analysis of the angle and measured interest in the concept of privacy, this article highlighted the privacy of our system of private relief legislation envisaged after discussion about the conflict with the right to privacy and property rights related to some fundamental questions. The main text is divided into three chapters.The first chapter is an overview of privacy and the right of privacy. First, it recalled the privacy and the right to privacy as the product of human civilization and social development. Second, through different legal systems, different historical stages scholars it compared the different meanings of privacy and defined the right to privacy as an independent real personality.The second chapter points out the characteristics of the right to privacy, specifically underlining the four rights power including possess, maintain, and use and dispose, and compared to the related reputation and name portrait rights so as to determine the unique attributes of the right to privacy.Based on the foregoing discussion, the third chapter drew three conclusions on how to relive the rights to privacy in China after the study of legislation in different countries, first, make the right of privacy to be constitutional right and seek to balance the conflicts which were caused by the restrictions of performance and to seek relief measures in private law angle; second, take direct protection as the trend; third, full use of case laws. The assumptions are, construction of the private legal system: first, perfection of the regulations on private rights in civil law as direct protection. Second, make clear the way of infringement as well as relief in order to supplement the inadequate system. Then, separately make the "Law for the Protection of Personal Privacy Information," and that of collection and use and open and other confidentiality issues in detail of the privacy information. Finally, the laws and regulations on development of electronic surveillance, the press, publishing, the work place; Second is to establish international standards of privacy protection mechanisms; Third, make full use of "jurisprudence" to protect the privacy of the complementary roles; Fourth, the establishment of specialized non-legal protection of the privacy of personal information; Fifth, the sense of respect for privacy is to guide citizens.