Study Of Applicable Law On Infringing Privacy Right Of Minors

Respecting the privacy right of mionrs is of great significance to their physical and mental health andgrowth. In real life, because of the particularity of identity mionrs, the intrusions of its privacy is oftencome from families, school teachers and other unspecified subject in society. Minors limit capacity ofprivacy infringement cases of missing typed, gives the solution of the case problem in reality obstacles,including laws applicable in unity, tort and tort liability is difficult to pursue, and so on. The causes of theseproblems are from the legislative study, and the social and cultural aspects. Therefore, based on clearingPrivacy right as a Concrete personality right limited by the school and parents care behavior, that it will betyped infringement behavior, clear the basic content of different types of infringement, the principle ofimputation and responsibility is the presuppositions of correct applicable privacy laws in infringement ofmionrs; it is a key of correct applicable privacy laws in infringement of mionrs that rule the reasonableguardianship behavior and education behavior out of the infringement behavior, based on "reasonable doubtstandard" of the United States;In the case of infringement on the limited capacity of privacy right, that ruleout guardian of legal representative identity and improve the supervision system is the important guaranteeto correctly apply privacy law.Article besides the introduction and conclusion altogether divided into fiveparts:In the first part，it puts forward some problems in the process of legal application of the limit capacityof privacy infringement cases. The problems mainly includes:Difficult identification for violating behavior,no a standard to determine whether parents or teachers behavior constitutes a tort;difficulties ininvestigating responsibilities as well as the not unified applicable law, Parents of tort liability is difficult topursue because the guardian’s identity, the other main body of tort liability as guardians of idle to fulfilltheir duties of guardianship and hard to pursue; On the applicable law is not unified, the invasion of privacybehavior considered infringement behavior, or is the behavior of violation of personal dignity and so on.The second part mainly elaborated the cause of the problem in mionrs of privacy rights infringementcases. Firstly，the type of infringement of privacy right of mionrs is not enough. Secondly，it is the contentand scope of Privacy right of mionrs is not specific. Thirdly，it is short of pertinence about the rights and obligations of the guardian and legal representatives，including the settlement does not reach the designatedposition after the revocation, and the coincidence of the guardian’s identity and legal representative’sguardian’s in the case of the guardian infringing limited Privacy right of mionrs, and so on. The last reasonis the social cultural concept of dislocation, the guardian or schools and teachers do not pay attention to thelimited capacity of minors’ privacy right, even think that the infringement is the discipline of the "normalbehaviour".The third part is about to the basic content of Privacy right of mionrs，for esample the properties andtypes and so on. Privacy right of mionrs as a right of privacy, belongs to the concrete personality right,however, the concrete personality right is not complete due to the limited capacity of age and intelligencefactors and monitoring behavior and the limitation of the school management behavior. In order to solve theproblem of the capacity of privacy infringement behavior, the author will infringe the types into three broadcategories: the infrigement form Parents based on the purpose of monitoring; the infrigement form schoolbased on the purpose of education;as well as the infrigement form the society based on not specificpurpose.The fourth part is extraterritorial inspection. Protection modern on privacy right can be divided intothree kinds, namely, direct protecting like American, indirect protection like England and general protectionlike Japan. privacy right protection in China has gone the transformation from direction protection toindirect protection. Reflecting on the privacy right protection of mionrs, no matter under purpose ofguardian or education all manifest in legislation. Guardianship system in continental legal system strictlydistinguish between infrigment and monitoring, and Anglo-American law system countries generally hasthe guardianship of provisions of the state; On school management system, countries have legislation toprotect.The last part will propose perfect measures aiming at problems appearing in the process of privacyright law application of mionrs. Firstly, the laws and regulations on privacy right of mionrs should beimproved including guardian system and supervision system and make the role of primary-levelorganizations like neighborhood committee and village committee into full play; Clear the subject, objectand content of the Privacy right of mionrs.Secondly, taking example by “reasonable doubt standard” fromforeign country to identify the behavior that violate privacy right of minors and clear imputation principle: the guardian people privacy infringement with limited capacity, the imputation principle of principle ofliability without fault the encroachment of other types of apply the principle of fault liability;clear ways ofundertaking the responsibility: frequently using cessation of infringement and apologizing, carefully usingrehabilitation, elimination of ill effects, without using compensation for losses; Then set a stoppingprogram in the process of revoking the guardian’s qualification, adding a Education Test Period as abuffer;Lastly, we should value the situation that statutory agent violates the privacy right of mionrs andrules it as a exception of statutory agent system to protect the privacy right of minors from violation.