On The Right To Privacy And Its Protection And Restriction Of Civil Law

Being one of the rights of personality, the right of privacy is an important civil right which embodies Person's dignity and value. It's becoming more and more important in economic life nowadays. Although in China we can find some regulations about the right of privacy in《Constitution》,《The General Rules of Civil laws》, till today there are no any law that states this concept "the right of privacy" definitely. The protection towards this kind of right is not clear and we usually write the right of privacy into the right of reputation. Therefore, at present in China there are some shortcomings in the laws of the right of privacy and its protection, which we should consummate as soon as possible.Through the discussion about the source and development of the right of privacy in western countries and China, this article gives some relative legislative suggestions dealing with Chinese about this right and its protection, in order to consummate our future legislation about the right of privacy. This article falls into 4 parts, except the forewords and concluding remarks, including 22000 characters.The first part is the general statement of the right of privacy. Firstly, through a case about the hospital of Shihezi in Xinjiang, the theme of this paper, the right of privacy, is introduced. Secondly, discusses the origin, development and current trends of the right of privacy, elaborating on it's generating process and it's historical and current development in the world and in our country as a legal rights. Thirdly, based on the analysis about the basic legal theory of the right of privacy, and about the arguments together with the comparison between many scholars about the concept of privacy and the concept and nature of the right of privacy, author gets a basic understanding about the privacy and the right of privacy. Finally, expounds the basic content, legal characteristics and the nature of the right of privacy.The second part is the right of privacy and relevant rights. Firstly, differentiates and analyzes about the differences and connections between the right of privacy, the right of portrait, the right of name, the right of reputation, the right of free speech and the right of information. Secondly, focus on the introduction of the basic theory of the right of information. Finally, taking this as foundation, submits some important principles in coordinating and resolving the conflict between the right of privacy and the right of information. These principles are the principle of priority of social public interest, the principle of protection of reverse inclination and, the principle of balancing of interest and the principle of Human Dignity.The third part is the limitation of the right of privacy. It sets forth that the protection of the right of privacy is not absolute and unprincipled. It must be restricted by public interest and other legitimate rights.The fourth part is the legal protection of the right of privacy. Firstly, it analyzes the value and the external requirement of the protection of the right of privacy, the protection of the right of privacy is favorable for maintaining personal tranquility and feeling of safety; favorable for citizen's human dignity and making people avoid spiritual suffering ; favorable for protecting citizen's privacy and establishing nice virtual mode so on. Secondly, it expounds the current situation and deficiency of the legislation of the right of privacy in our country, then the legislative practice and enlightenment of the protection of the right of privacy in foreign country. Finally, it puts forward several suggestions about perfecting the legislation of the right of privacy in our country on the basis of the national conditions of our country.