Balance The Supervision Of Public Opinion With The Right Of Privacy In The Network Age

This article is based on that the rapid development of network technology and network society produced all kinds of changing people’s all aspects of life, including the more and more violent conflict between exercising the right of supervision by public opinion and the right of network privacy through the network. On the one hand, the Internet users and the media exercised network supervision right of public opinion,which promoted clean administrative of government, and the process of the social and political democracy and culture. On the other hand, the exercising of the Internet public opinion supervision lacks legal regulation and restriction, which infringed privacy things occuring frequently. While China’s study on the network right of network privacy and the network supervision of public opinion is still at initial stage, which is also a lack of attention to both of the conflict and balance. This text does an analysis and research on the network supervision of public opinion and the right of privacy of the network,and then combines legislation with industry self-discipline mode of the Anglo-American legal system countries.After that,the article introduces the conflict coordination principle of administrative law,and put forward some suggestions for solving the problems from the aspects of legislation, justice, industry self-discipline,and so on. Afterward, the text analyses the responsibility composition and defense of which the network supervision of public opinion infracted the privacy right,and hope to find a reasonable balance between the network supervision of public opinion and the right of network privacy.This paper is divided into three parts:introduction, three chapters, conclusion.The part of introduction is mainly to draw forth research subject, which indicates serious conflict phenomenon between the network supervision of public opinion and the right of network privacy, and expresses research importance in how to reasonably balance both of the relationship.Meanwhile,the part of introduction expounds research meaning and the purpose of writing and the research methods adopted on this topic.The first part describes the network supervision of public opinion’s concept, characteristics, the legal basis as well as typical cases.The second part elaborates the concept, characteristics and nature of the right of network privacy, and is combined with other countries’homologous legislative practice and judicial practice,and summarizes legislation and judicial status in our country, carrying out comparison method calibration. Combined with the judicial practices of the Anglo-American legal system countries, this part puts forward a conflict coordination principle to balance the network right of privacy and network supervision of public opinion, and applies to specific cases taking advantage of the principle of balancing of interests and the principle of proportionality, convincing force to which side tilt coordination method. The part fights for the law being published,about which the network supervision of public opinion and the right of network privacy.The part also hopes to introduce self-discipline supervision mechanism.In the third part, the article analyses from the angle of legal liability and disclaimer and defense about which the network supervision of public opinion infringes upon the right of network privacy. According to the different subject of tort, the network supervision of public opinion infringing upon the right of network privacy takes the imputation principle about which tort liability combines with presumption of fault. The components of the liability include infringement act, illegal behavior, the consequences of damage and cause-and-effect relationship.What’s more,the infringer must assumed liabilities of cessation of infringement, elimination of ill effects, rehabilitation, offering an apology and indemnify for damage.In addition, the infringer can enjoy different liability defense according to the supervision of different objects.The conclusion part summarizes the full text,and emphasizes the point of view of this article, and also points out that with the development of social information technology, studying on the value of the relationship between the network supervision of public opinion and the right of network privacy will continue to develop.