On Legal Protection Of Privacy In Marriage

The aim of the right to privacy is to prevent the natural person's privacy from the other party's infringing. There are demands of one of the spouses protect his or her privacy to another in marriage. To meet these demands, we can endow spouses with the right to privacy in marriage. The privacy in marriage mainly include the information of personal health, the information of personal property, the information of individual experience, the secret of communication, individual business, individual sphere. According to the information mentioned above belongs to one of the spouses only or belongs to the spouses simultaneously, we can divide the privacy in marriage to two parts, one is individual information of wife or husband in marriage and the other is common information of wife and husband. The right to privacy in marriage is one of the special kind of the right to privacy. What this kind of right protects are the privacy that only belongs to one of the spouses, because he or her do not want to his wife or her husband know them.There are conflicts between the right to know and the right to privacy in marriage. Because one of the spouses has the right to know the correlative information of the other party, while the other party has the right to take secret to his or her partner. According to the general theory of right conflict, when we want to resolve the conflict between these two kinds of rights, we should abide by the principle of pooling-of-interest, the principle of coordinating-of-right, the principle of reducing-of-interest, and the principle of informed consent.We should enhance the legal protection to the right to privacy in marriage. This is helpful to maintain the stability of marriage and also helpful to ensure both of the spouses'dignity and independency. The law of our country does not do their best on protection to the right to privacy in marriage. The article 11 of"Marriage Law"is much of principled and lack of maneuverability."Tort Law"also has not taken the right to privacy in marriage as a kind of anattached right. To strengthen the protection of the right to privacy in marriage, we should stipulate this right as an independent right clearly and systematically, and the liability of the infringer.What the most important in protection of the right to privacy in marriage is applying the system of compensation reasonably. In modern society, women get an equal status as men, and according to the theory of private law, where there is a damage, there is a remedy. What's more, more and more people brought strong demand of remedy after their privacy be infringed by his or her partner. Thus, our legal system should permit the victim to claim remedy when their privacy in marriage is infringed by their partner.We may abide by the general principle of liability in judging whether a behavior constitute an infringment of the right to privacy in marriage. If a person constitutes an infringement, the judge may let him or her bearing the traditional liability such as cessation of infringements, extension of apology, compensation for losses etc. At the same time, he also may order him or her to sign a statement of repentance, and even may granted him or her decree of divorce as a punishment.