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

China’s economic prosperity and development provide a more solid materialfoundation for the realization of citizens’ fundamental rights and freedoms.Thefundamental rights of citizens are more extensive. Although the provisions of ourConstitution have not been clearly defined on a citizens ’privacy and right to know,but with the growing of citizens’ legal awareness and the increasing significance ofprivacy and the right to know in national management and social life. Privacy andright to know as every citizen’s natural right should have the form of a national basiclaw. Between privacy and the right to know, there are various forms of conflict in reallife, this article focuses on the conflicts between privacy and the right to know.Different performances and ways of coordination are analyzed.The article is divided into three parts, the first part start from the perspective oftheory analysis, privacy and right to know are analyzed through doctrineinspection.First the five theories of privacy and development process in our countryare analyzed; second the historical developments of right to know are introduced aswell as China’s development with its different theories. the subject, object and contentof the right to know are analyzed in details.Theory Investigation of privacy and theright to know provide adequate theoretical basis for the analysis between theirconflict and coordination; the second part of the article, according to the division ofprivacy and right to know from their content and scope,the analysis could be presented from the field of public law and private law to show the conflict andcoordination of privacy and the right to know, citing five cases of conflict betweenprivacy and the right to know showing the concentrated reflection and combiningtheoretical analysis and case studies, which presents more distinctive reflections ofthe conflict between privacy and the right to know.These analysis also providesfactual basis for their coordination; after the second part of the theory and case studies,the third part of the article focus on summarizing the obtained general principle forthe coordination of privacy and the right to know. These principles include: theprinciple of giving priority to public interest, the principle of proportionality, theprinciple of consent, the limitation for privacy of public figures principle and publicorder and good morals principle.The innovation of the article is the content distinction of the right to know in thefield of public law and private law, namely, the conflict and coordination betweenprivacy and the right to know are analyzed from the two different field. This articleuses the combination of theory and case, getting the general principles for thecoordination of privacy and right to know, and according to the differentmanifestations of the conflicts in the field of public law and private law, the result ofthe article is different principles are applicable in the field of public law and privatelaw. This provides a different perspective to the analysis of privacy and right to knowand their conflicts and coordination.