Research On Restriction Of Public Officials’ Privacy

As our country is in the key period for legal system construction, the heated debateof three political issues, such as the statutory power and liabilities, liabilities goingalong with power and the exercise of political leadership under supervision, has drawnmore and more public attention. The operation process of national power resource hasin its way of publicity, institutionalization and standardization.The contradictionsamong democracy democratic, power supervision and public officer’s privacy arebecoming increasingly acute, and the contradictions present the trend directly andfiercely. How to correctly understand the privacy of public officials，and find a point ofchecks and balances between privacy restrictions and protection of public officials, andunder such a point of checks and balances which meets the satisfactions of democracyand power supervision, and meanwhile maximizes the efficiency of respecting humanrights and liberty of public officials, and as a result, to optimal the social resourceallocation between public interest and personality interest of public officials, it becomesvery urgent and important.The paper divided into three parts except the introduction and conclusion:The first chapter mainly discuss the notion of the public officials’ privacy and theits characteristics. In order to show the particularity of the public officials’privacy, Thischapter explores the boundary and differentiation of the public officials’concept andanalysis the content and characteristics of the privacy.The second chapter mainly discuss the theoretical analyses of privacy restriction.This essay has discussed theoretically the basis, the content, the principle and themeaning to show the origin is rights balancing.The third chapter mainly discuss the system construction of Privacy Restrictions.At first this essay analysis the state of the present conditions about legislation,then, itrethink the problems of private legislation;lastly,in order to construct a good mechanismwhich must accord with china＇s own situation and with Chinese characteristics, itoffers thesis from macroscopic observation, legislation suggestions, judicial suggestionsand institution.