The Conflict And Coordination Between Spouses’ Right To Privacy And Spouses’ Right To Know

With the continuous development of society and the accelerated pace of life, people’s pressure get higher and higher and they begin to pay more attention to their own privacy and the right to know the truth to seek mental relaxation and freedom. In daily life, the conflict between the two rights is very common. Meanwhile, the spouses enjoy not only the personal privacy interests but also the marriage of common interests. The conflict between spouses’right to privacy and spouses’right to know is even more complex. The provisions of our laws on the right to privacy and the right to know are relatively simple, which need to be improved. The laws and regulations of the spouses’right to privacy and the spouses’right to know are scarcely and inadequately. In order to adjust and balance the conflict between the two rights and provide some suggestion for the future legislation, the author will analyze the conflict and coordination between spouses’right to privacy and spouses’right to know from three aspects, and each aspect is a chapter.In the first chapter, the author will give the definition of the spouses’right to privacy and spouses’right to know. The most fundamental origins of the spouse’right to privacy and spouses’right to know is the rights of spouses. Some pre-marital privacy is lost because of the rights of spouses, but some privacy is enjoyed by the rights of spouses. If the concept and scope of the spouses’right to privacy and spouses’right to know are properly defined, the conflict between the spouses’right to privacy and spouses’right to know will be resolved and coordinated. As a result, we should give a proper definition for the concept of the spouses’right to privacy and spouses’right to know, which based on the analysis of domestic and foreign academic.In the second chapter, the author will analyze the conflict between the spouses’ right to privacy and spouses’right to know. The spouses’right to privacy and spouses’ right to know is a pair of rights with balances and conflicts. There are three main causes for the conflict between the two rights:the first one is the difference of the essence of right. The spouses’right to privacy and spouses’right to know is a pair of conflicting rights, which will cause the conflict in the scope of protection. The second one is the difference of the value of interests. The spouses’right to privacy is dominated and controlled by the spouse independently, which is unrelated to the interests of the marriage and family. But the spouses’right to know means the spouses would collect or know the other spouse’s personal privacy to meet the material or spiritual needs of themselves or their family, because they both enjoy the right of spouse. Both of them represent the distinct value of the interests which will lead to kinds of conflict. The third one is the different performance of forms. The spouse’ right to privacy is passive, negative and self-control, but the spouse’right to know is active, positive and outgoing. The conflict between the spouses’right to privacy and the spouses’right to know is mainly caused by "their own money","extramarital affairs","privacy of individuals’pre-marital","physical problem" and "the nature of work".In the third chapter, the author will discuss the coordination of the spouses’right to privacy and spouses’right to know. The author has analyzed in detail the coordination problem between the spouses’right to privacy and the spouses’right to know resort to the six principles. The first one is the principle of interests balancing. When the spouses’right to privacy and spouses’right to know conflicts each other, we should analyze not only the surface interests, but also the potential interests, so we give up the expense of minimal interests to preserve the best interests. The second one is the principle of public order and good morals. While the spouses’right to privacy and spouses’right to know make some conflicts, we could refer to the public order and good morals because of the existing laws lack of reasonable and lawful trial basis. The third one is the principle of privacy priority. Priority should be given to the privacy whether the privacy belongs to scope of protection spouses’right to privacy or not, then consider the spouse interests, social interests, national interests and other aspects of the hidden factors and the ultimate interests. The fourth one is the principle of human dignity. In the reality of marriage, the spouses should not violate the other’s personality and dignity for self-interest, which is good for maintaining the stability of marriage and family harmony. The fifth one is the principle of informed consent. The first step is to judge if there is informed consent of the situation; the second step is to analyze the relation of the conflict between the spouses’right to privacy and spouses’ right to know; the last step is to decide which is wrong or right. The sixth one is the principle of the right reduction. As to the conflict between the spouses’right to privacy and spouses’right to know, we should analyze both the benefit the two rights represent and the social effects, then decide to give up which rights to achieve the maximum benefits., The author will provide some subtle suggestion for the aspect of legislation, which includes the concept of spouses’right to privacy and spouses’right to know, the term of protection, the content of the rights and obligations, disciplinary measures and so on. All of these suggestions could be useful for better regulation of the scope of spouses’right to privacy and spouses’right to know, as well as for reducing of the conflicts. Besides, it’s good for maintaining a stable marriage and harmony family as well as establishing a comprehensive system of the Civil Code.