The Transformation And Reviews Of Privacy Protection System

The concept of the right of privacy was firstly mentioned in the paper of "On Privacy" edited by Harvard Law Review in 1890 by the American scholar Brandeis, which made the profound influence over the national legislation. And today, the U.S. is one of the best protections in the privacy around world. Moreover, the privacy right is the certain personality that the particular civil one could dominate in the individual affairs, information and the space freely and excluding the harassment by the others. So this right has the space and time's character typically. And the localization of the privacy right in China had caused the moral effects over the legal tradition and the legal system deeply. Since the founding of New China in 1949, by the fundamental law and the basic civil law ruled and the enforcement of the Torts Law in 2010, the privacy protection system in China go through the state of the ambiguous regulations to the certain legal protection and the independent the personality in the legal texts. Under the modern society, as the increasing public powers and the new rights by the rapid development, they all connected with the privacy in many ways and also the conflicts which makes the limits and hard cases. The reasons are following:one is that the privacy would restrain the other rights and promote the social conciseness of the privacy respects by the self-restraint of the powers and the strengthen of the respects and protects by the public powers; two is that the legislation should be perfected by the serial of the regulations of the privacy by the interference of the public law and the rescue of the private law that to protect the privacy effectively.