The Limits Of The Theory Of Political Public Figures Privacy Protection Business Method Patent

Privacy has been playing an important role in protecting private information from being offendedillegally and ensuring peaceful private life etc. However, all rights have its limits, especially when it comesto the privacy of the most important political public figures, who, as a special group with particular status,identity and position, should shoulder certain social responsibility and duty when enjoying public power.So if there are conflicts between their privacy and public interest, they are required to release partialprivacy, since the public are entitled to know and supervise their behaviors. But, how to reasonably definethe political public figures and to which extent should their privacy be limited? The author thinks that therealization of privacy of political public figures must be faced with the conflicts and coordination withother rights, and no one right can be simply realized at the cost of other right, therefore, we should considerand weigh such interest conflicts from multi-perspectives so as to make the law impartially balanced. Dueto historical and realistic reasons in China, it is still blank in the regulation of privacy, especially forpolitical public figures, but in reality, it seems much eager to limit privacy of political public figures, andhow to seek balance between protecting public interest and political public figures’ privacy is a difficultproblem faced by academic circles and judicial practical circles. Therefore, the author, under the guidanceof the tutor, makes research into the protective extent of political public figures’ privacy, and hopes topropose new opinion useful to judicial practice by borrowing from the existing academic theories.Empirical analysis and comparative analysis and so on are used in the writing to depict the problemaccurately and comprehensively. To be specific, it is divided into three parts: foreword, body andconclusion. The foreword puts forward to the question, and the body includes five subparts, and theconclusion emphasizes the viewpoint of the paper, and points out the shortcoming of the paper. The fivesubparts are as follows:The first part introduces the case and problems. Sun Yanfeng sued Finance Department of ShanxiProvince and Work Safety Supervision Bureau for they refused to declare the salary of YangDacai—“Smile Director”, which arouses the discussion whether the salary information of political publicfigures belongs to their privacy or not, and whether political public figures’ privacy should be limited due to their own position, status and identity.The second part makes specific definition of political public figures’ privacy. First, it analyzes thesource and development of public figures, proposes the concept of political public figures, and introducesthe category of political public figures in China; Second, it, on this basis, makes detailed analysis of theconflict between the privacy and other rights, namely, their privacy and knowing right, their privacy andthe public’s knowing right, their privacy and news freedom, and points to the limitness of political publicfigures’ privacy.The third part makes simple introduction to the legislation status of Chinese political public figures’privacy, and does analysis and comments on the problems existed in the legislation, which expects to beconsidered and reflected in the following discussion.The fourth part analyzes the theoretical basis of limiting political public figures’ privacy from theaspects of its occupational characteristic, and the relationship between the power and right etc., and at thesame time, proposes the significant meaning of limiting political public figures’ privacy on the supervisionof public power practice in combination with the present reality, and then puts forward to the principle oflimiting political public figures’ privacy: public interest principle, the public’s reasonable interest principle,differential limit principle and protective principle of limiting.In the fifth part, on the basis of the above comprehensive analysis, the author proposes the legislativesuggestion on limiting Chinese political public figures’ privacy and gives some specific legal advice fromthe viewpoints of constitutional law, civil law, and administrative law.