Legal Protection Of The Right To Privacy

Since1890, Samuel Warren and Louis Brandeis, two eminent American jurists,published Privacy Right on Harvard Law Review, from this time on, more and more people began to pay attention to the right of privacy theory. Countries around the world began to study the theory of privacy into the field of law. The right of privacy is considered an important right in common law countries, moreover becomes the international human rights which has received the universal respect. The right to privacy has been getting more and more important with its legal status ascending from a kind of basic civil rights to constitutional rights and to a kind of human rights. It reflects the importance of privacy in people’s life.With more and more complicated social life and the rapid development of webinformation, however, the privacy is easier and easier to be exposed. The legal protection for the right to privacy has never been such a big challenge. China, however, has not regarded the right to privacy as a kind of separate civil rights. The right to privacy has subordinated to the reputation. Acts of violation of privacy right have contrasted the reputation of the legal regulation. Other stipulations concerning privacy protection is not perfect and can not work together with each other. Privacy legislation in China obviously falls behind.In theory, the Privacy With the development of science and technology has been more national attention, their research has also made certain achievements. In these works, the U.S. and European privacy laws to protect systems and related theory provides us with useful insights and privacy values in all countries is different, it is subject to the national cultural traditions, historical habits so factors. Privacy introduction of the Constitution of our country has some reference value, but China does not have the Constitutional Court, no constitutional relief channel, which is different from the situation in the United States, cited privacy in the Constitution little significance, so China should be privacy the protection of the law focuses on the Basic Law on the reference to common law privacy laws legislation, combined with China’s actual times able to adapt to modern society under the rule of law requires a new system of administrative penalties, the establishment of a set. Privacy and the right to life, right to health, privacy is not based on the life and enjoy the natural rights of privacy arising from social interaction, which is bound to privacy has its distinct natural rights property, and in theory is a new field in the study of privacy issues, as opposed to natural rights, privacy is more technical in nature, the scope of privacy constantly expanding with the development of science in different forms in various fields. Definition of privacy arising from the interaction between people, and its core is alone free, such a link with the contradictory relationship to result in relative privacy, absolute right to privacy does not exist, in the privacy and protection, privacy and other rights, differences between the various values of the different different. The value of freedom of the United States, the European human dignity, value orientation in theory will be privacy-oriented side, China’s desire for privacy, we must first choose the legal values of China’s basic national conditions, as the basis for privacy define and explore.In the level of the specific legal system, China’s protection of privacy, there is no clear legal regulations, but the views on the implementation of "General Principles of Civil Law of the problem", promulgated in1988,1993"Concerning the Trial of Reputation Cases answers to your questions, provide that:publish, promote the privacy of others, resulting in the reputation of others are harmed, shall be deemed to infringe the right to the reputation of others. So that the "privacy" has shown signs in the written law, but this is only indirect protection, not direct protection. In2001, the supreme law promulgated on the determination of infringement of the spirit of a number of issues of liability for damages to explain to privacy is not subject to judicial protection of an independent personality right, but the explanation implied the content of infringement of privacy protection, but still the progress of a legislative and legal research, but such progress is still insufficient to compensate for the defects of the law in terms of privacy protection. Privacy as a civil private right, that shall be protected by the Basic Law, Civil Law. Civil research in China started late, the right of personality is relatively weak, the privacy rights of his personality has always been confused with the Yin Si phase at the same time by China’s unique cultural influences, the degree of protection and the protection has not been legislators attention, a law in the written law in the field of private law in China, there is no clear privacy-protected content, only in the judicial practice, the face of privacy issues, the judicial interpretation to be stipulated, the name of a reputation to protect privacy rights. Thus privacy protection legislation in China is less than apparent. Privacy has not formed an independent personality right, the content of the public right of privacy and invasion of privacy fuzzy understanding of privacy is being violated quite prominent in our country, our country needs to be improved privacy legal system. The thesis studies on the right to privacy in order to make some progress in China’s privacy protection.