On Legal Protection Of The Right To Privacy

Following the continuous development of the society and economy,_people's awareness of the right is gradually increasing, More and more people pay attention to the right of privacy,which is regarded as an important new right of personality in modern society. However, facing up to the situation that the relevant legal protection system of the right to privacy is not perfect and rapid development of the science and technology has brought new challenges to the legal protection of the right to privacy, how to perfect the legal protection system of the right to privacy has become an urgent issue. Therefore, this thesis attempts to probe into some issues about the right of privacy and offers suggestions for improving legal protection of the right to privacy.This thesis consists of four parts:The first part is about the basic problem of privacy and the right to privacy. First of all, and the genesis and development of privacy are briefly introduced, revealing how privacy generated from blank and the scope of protection is expanding,and the efforts of protection is constantly strengthened; Secondly, through the domestic and overseas scholars defining the right to privacy, it points out the deficiencies and the causes; what's more, by analyzing the different definitions on the right to privacy from various domestic and overseas scholars, on the one hand, it finds out that the scope of protection is expanding and the status is rising; on the other hand, there are some deficiencies, such as the objectives of the right to privacy have not been revealed;Finally, analyzing the characteristics of the right to privacy from its independent absolute and restrictive traits.The second part is about constraints and necessary analysis of the its legal protection. The constraints of the legal protection of the right to privacy, which are discussed are mainly from three aspects- political, economic and cultural factor. At political factors, as political power, political system and power domination are different, so the right of privacy protection can differ. At economic factors, the economic base, economic structure, and science and technology and other factors directly affect a country's level of protection of the right to privacy. At cultural factors, different countries have different cultures, so the awareness of the right to privacy protection and scope of the protection of right to privacy are not the same. At the side of the necessary analysis of the right to privacy legal protection, the protection of citizens' right of privacy is the need for defending human dignity and building a harmonious society, also the need of promoting progress of human civilization.The third part is about situations and enlightenments of the foreign legal protection of the right to privacy. By listing provisions for protection of the right to privacy in the relevant treaties that are laid down by the United Nations and some regional international organizatios, it makes clear that the right of privacy as a basic human rights is being concerned by the international communities. The legal protection of the right to privacy in the United States, Britain, Germany and Japan is discussed from the constitutions, civil and criminal law aspects, through it can we draw some inspiration, for example,we should adopt direct protection way to protect citizen right of privacy, while the scope of the right to privacy protection should be taken note to keep coordination between the various laws.The fourth part is condition and perfection of the right to privacy protection in our country. By listing the different legal provisions for protection of the right to privacy, on the one hand it indicates that the right to privacy protection in our country is progressing in legislation,on the other hand it points out the deficiencies of the right to privacy protection in legislation. In judicial practice,the cases infringing the right of privacy are mainly civil cases.But,there is a phenomenon that applying to legal basis is not uniform and a difficulty that applying to legal basis is difficult,while dealing with the cases infringing the right of privacy. Finally,discussing the perfection of the right to privacy protection in our country from the legislation,judicature,citizen oneself and other aspects,meanwhile,pointing out that the legal protection of the right to privacy should follow on the principle of equal protection, the principle of human dignity, the principle of protection in particular and the principle of balance and coordination.