Conflict And Coordination Of The Privacy Of Minors And Guardianship System

Privacy is a basic human right of the newly generated, its appearance,development and then is confirmed by law reflects that the maintenance ofindividual dignity and freedom has become a common practice of the moderncivilized countries. The contents of privacy of minors，as the same as ofadults, cover personal information, private activities and private fields.Because that minors’ physical condition, mental state and survival abilitydiffer from the adults, the privacy of minors has some specialties. Owingto the conflicts between those specialties and the duties and culturaltraditions of the guardianship system of minors, besides, the existing legalsystem lacks of items regarding phase difference on the privacy of minors,distinctions between parental guardianship and ordinary guardianship, andchannels for relief, how to reconcile the conflict between the privacy ofminors and guardianship system becomes a significant issue in the presentlegal research and legal practice. The thesis proposes suggestions about howto coordinate the conflicts between them based on the law principles andconcrete rule, expecting to promote the research.The full text is divided into three parts:The first part of the thesis is about the basic theory of the privacy ofminors and guardianship system. This part is divided into four sectors, which introduces the concept, nature and object of privacy in detail, defines theprivacy of minors with the three characteristics of the derogation, the stageand frequent conflict, besides, the concept of guardianship system andnationalism Guardianship of Minors mode is mentioned.The second part is the continuity and expansion of the first part. On thebasis of earlier theoretical introduction, the part through case leads tothe conflict between the privacy of minors and guardianship system. On theend the thesis reach a conclusion about the reason of conflicts between themafter detailed argument, that is the conflict between the privacyphilosophical foundation and the cultural traditions of the guardianship ofminors, the conflict between the vagueness of privacy and the clarity ofcustody, besides, the existing legal system lacks of items regarding phasedifference on the privacy of minors, distinctions between parentalguardianship and ordinary guardianship, and channels for relief, alsocontribute to an important cause of conflict of them.The third part from legal principles and specific legal construct putforward suggestions of coordination between the two conflicts. That isclassifying privacy of minors by age, defining the scope of the privacy ofall stages; clarifying distinctions between custody of parents and thegeneral guardianship; improving the conditions of state intervention,strengthening the supervision and control of the guardianship. From the levelin terms of legal principles, in the course of dealing with the conflictsbetween the privacy of minors and guardianship system should always adhereto the principle of interests of measurement and the principle of thenecessary limits.