Freedom Of The Press And The Right To Privacy Conflicts With The Balance

Freedom of the press and privacy are fundamental rights protected by the Constitution, to build a democratic and civilized society ruled by law, protection of the rights of both are indispensable, but the conflict of both rights has never been stopped than before.Especially with increasingly rapid development of the modern information technology and continuously updated of technological means of mass communication , the contradiction between the freedom of the press and privacy are increasingly prominent.Any rights are bounded. The boundaries of a right is through one or several other rights of regulation to limited. Such a border clear boundaries between the rights.But a right to go beyond the limits of its own inherent to the other rights would be adversely harm the rights.The conflict of right inevitable happende,and when the two conflict, if a party bias is bound to give the other party caused damage . in contrast, if a good balance between the two, it will reflect the relevance of the right (reciprocity). Therefore, the conflict of between the freedom of the press and privacy rights which became the starting point of this study, how to resolve the conflict of two rights, the right to clear the boundaries between the two is the significance of this study.At present, China's legal system, the provisions of these two kinds of fundamental rights still need to improve. Because for the protection of privacy is concerned, there is no specific and clear legal provisions, but see the judicial interpretation of civil law into the scope of the right to honor as an indirect protection; As for the freedom of the press derived from the constitution, freedom of the press, there is no specific legal provisions accordingly, it does not have the operational, not the specific implementation.Therefore, between the right need to delimit the boundaries .This paper explore the conflicts and coordination issues for the two right, using the method to measure the interests and trying to find a balance between the rights for the bottleneck of conflict resolution.In this paper, the structure is divided into preamble, body, and conclusion of three parts, in which the body is divided into three parts:The first part is the definition of related concepts.The origin and the concept of freedom of the press were analyzed and the difference between freedom of press and freedom of the press to be defined; To define the concept and content of privacy and the right to privacy ,through the right to privacy of sorting out the existing research, introducing elements of the basic theory of privacy ,including the history of the origin of the right to privacy,etc.Right of privacy of the difference and the meaning of privacy,ect.Right of privacy in our country to assess the status of legal protection.The second part is the further analysis of the nature of the conflict for freedom of the press and privacy protection.From a rights-based point of view analyze the causes of conflict for freedom of the press and privacy,as well as leading to both forms of conflict has made the summary,and through this representation analysis led to the essence of the conflict between the two-namely,a conflict of interest,value conflict,so as to resolve the conflict between the two providing a viable basis for the theoretical basis and methodology.The third section discusses the conflict of solution based and path for the freedom of the press and privacy protection.According to an analysis of the first two components derived from the theoretical basis and sortiong out of the existing theoretical results,this paper argues that with China's national conditions should be made to balance the conflict of the rights between the two ideas and suggestions,and so on the basis of the principle of public interest, interests of the principle of distinction and human rights principle of consent to coordinate the two conflict.According to settlement mechanism in the system and cultural settlement mechanism of the dual-methodological basis to balance the conflicts of both.This conclusion is: with the development of the times, freedom of thepress and privacy protection,content and form of conflict is changing.This is a right rational nature and people's rational ability to reflect the limitations.In any event, conflict and confrontation is inevitable,is also unable to overcome. However, with the ability of people's rational will continuously enhance and legal system will continuously, development and improvement ,Possible derogations from the rights and to coordinate the two conflicts are possible and realistic.