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Theory Of Conflict Between The Right Of Privacy Protection And Restriction And Coordination

Posted on:2012-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H JiFull Text:PDF
GTID:2246330395464093Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right to privacy is an important personality right. That is aimed at protecting the people living in the peace and protecting the private information not to be violated. However, in modern society, due to protect the public interests or legitimate rights, the right to privacy should be limited by the other rights. But the other rights which limit the right to privacy usually cause unnecessary damage to the right to privacy, because of excessive invasion of privacy, and lead the tension of the relationship between protection of the right to privacy and limits of the right to privacy. In reality the conflict between the two is inevitable. Because of the right to privacy which is not very sound in our legal system, how to coordinate the conflict between protection and limits is also not involved. The civil law has not yet. reached a satisfactory conclusion on this issue. So that, this paper uses the balancing of interest to study.First,explore the causes of the conflict between the protection and limits from the level of the value; the second, stduy the specific performance of conflict; the third, try to broaden the idea to solve this problem at a certain level. There are great significances to promote the continuous development of the law.The value of the right to privacy is based on the concept of public and private spheres. The concept of the division between public and private spheres has led the individual dignity and freedom to be gradually attentioned in the development of the history. And thus the right to privacy of the law emerged on the basic of the two. The value of limits is the protection of the public interest and the rights of others. The pursuit of different values between protection and limits has led to a conflict of interest between the rights. Actually, the conflict of protection and limits is essentially a conflict of interest.The investigation of the specific conflict between protection and limits is the basis to coordinate the conflict. The conflict between protection and limits expresses on the conflict caused by restrictions on the right to privacy, as well as the conflict caused by freedom of speech and freedom of the press on the right to privacy. After studying the concrete manifestation of the conflict, we can find some methods to coordinate the conflict.Trying to fundamentally solve this problem that how to reconcile the conflict between protection and limits, somebodies proposed the theories such as Coase-style economic theory and the moral obligation associated theory. However, all encountered a number of insurmountable difficulties in theory and the concrete practice operation. After analyzing the Coase-style economic theory and the moral obligation associated theory, we find that the border of the conflict about the rights is the key to coordinate the conflicts. Through the application and analysis of the theory of some authority, we know that.balancing of interest is the best way to coordinate the conflict. Balancing of the interests clears the border of the rights involved in the conflict, and makes the conflict between protection and limits to be coordinated. In practice, parallel legal and judicial can be both used. We can use the measure of the interests to clear the border of the rights and coordinate the conflict.
Keywords/Search Tags:Protection of the right to privacy, Limits of the right to privacy, ConflictBalancing of interest, Coordinate the conflict
PDF Full Text Request
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