Research On The Right To Privacy In China

The right of privacy in modern society are model specific personality right, with the rapid development of modern technology go hand in hand, the effective protection of privacy but not so stifling free speech is to solve the problems of modern civil law. Public figure because of its specific social identity and social impact, the privacy interests of public concern, if strictly to the right to privacy of public figures will lead to lax oversight, conversely, if the neglect of the right to privacy, not only lead to their human rights are damaged, but also constitute a violation of the principle of equality of civil subject status. So the problem is not only to protect the right to privacy of public figures is an important issue in the civil law, it is also a key problem concerning social democratic political construction, be system of its theoretical research significance.This paper focuses on the protection of the right to privacy of public figures, answer some key issues, and whether the privacy of the public person in need of protection? If you need, when and how to protect? Comparative study on generation and cicadas on privacy and public figures, based on the concept of change, to reflect and criticize the reasons to restrict the right to privacy of public figures, the reason should be privacy own properties arid Rawls’s social justice, and public figure type, the political public figures from the law of public figures system removed, social public figure is divided into voluntary and involuntary, involuntary type is divided into profit and non-profit. For voluntary public figure not only to apply reverse protection principle, applicable substantial malicious principle. Benefit from the involuntary type is only applicable to reverse protection principle, no longer apply substantial malicious principle; for non-benefit is just like ordinary people, there is no limit to the necessary. On the civil service corruption citizens concerned, combined with the reality of our country, suggested that the government departments to introduce the property declaration system. This classification:one can effectively resolve the freedom as a political term, which is democratic politics, so there is no invasion of privacy. The two is the legal system can be simplified privacy protection, adjust the scope of democracy political public figures belonging to the public, to be regulated and adjusted by the constitution, the social public figures privacy only belongs to the field of private law, civil law, adjustment and protection by tort liability law. The article positioning will be public figure type and limited protection to the right of privacy, restriction is the relief condition, rather than deprivation of substantive rights. The core and the interests of personality is the personality dignity, and the right of privacy is one of the most important performance of human dignity, the so-called public figures and non public figures do not exist in human dignity, everyone has to protect their dignity of personality rights, public figures is no exception. The protection of the two aspects of the right to privacy of public figures should be positive and negative, must follow the principle of limited restrictions necessary, no limit to restrict the right to privacy of public figures, key finally based on the settlement of conflict of rights is fit method and humanity, law should care for the humanity, the achievement person, namely the law should protect and encourage people’s reasonable interests and desires; law should also be constrained humanity, suppressed human nature, namely law should be constrained and suppress the desire of people, because human nature is good is evil. Law should be good to evil, not only the distribution of social resources, satisfying the needs of human survival, but also control for expansion, attune individuals and others, the contradiction between individual and society’s demand, interest distribution mechanism of the method is not a bad man of their choice.