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Civil Law Protection Of The Right To Privacy Of Public Figures

Posted on:2014-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z H YuanFull Text:PDF
GTID:2256330425965357Subject:Law
Abstract/Summary:PDF Full Text Request
December26,2009"tort liability law" promulgate, in our country the right ofprivacy theory development history is of great significance. Since then, the right ofprivacy from the "parasite" destiny, as an independent right of personality,incorporated into the legal category of protection. But in our country, the legalprotection of privacy system has not been formed, legislation is not perfect, not clear,The understanding of the concept of privacy is still very fuzzy, the knowledge aboutthe right of privacy is not sufficient. For example, when a "noodle" system graduallyinto the banks, the so-called "civilization" is not really win support among the people.In the absence of special care situation,"a line" useless. And "development of civilrights in China." research group questionnaire the result shows, in answering thequestion "if others do not want to know others proclaim your situation, will notinfluence your life" when the problem, only10.1%of people said "influence";35.4%said,"some people";24%answer "little impact;12.5%responded" no effect ";other people answer" say not clear". This also lets us see clearly, our people of theright to privacy and the right of privacy to understand modern idea establishmentmay take a long time.As the protection of privacy right under a branch, the legal protection of publicfigures privacy is rather weak. With the rapid development of economy, relates to theprivacy of the public person of increasing number of disputes. On one hand themedia industry to meet the public’s right to know about public figures need to reportthe news, on the other hand, the public figure in order to safeguard the right ofpersonality is satisfactory to their privacy to conceal, the privacy of public figuresand the social public right conflict is unavoidable, but with the help of the law meansthe adjustment and balance. The grim situation of requirement our country mustaccelerate the relevant public figures privacy legislation, in order to adapt to the needof constructing the socialist harmonious society.In this paper the privacy of public figures as the research object, the basic concepts on the basis of, by comparison and historical analysis, involving publicfigures privacy issues were discussed. Combining the current situation, discussed ourcountry public figures privacy protection present situation and the insufficiency,proposed to the privacy of the public person limited protection principle and methodas well as the perfect public figures privacy legislation simple conception, to thissystem’s construction benefit.This paper is divided into four parts:The first part is about the right to privacy of public figures introducing typicalcases. The world public figures from England famous football star Beckham v."world news" case proceed with, on the case contains substantive issues in makingan analysis, from the analysis of cases of poses the following question: the privacyof public figures to protect? The protection scope of what is? Media on the privacyof public figures reported line where? Why should the law on public figures privacyrestrictions? As a public figure’s official property to public issues.The second part of the definition of privacy of public figures. Makes a detailedanalysis of this part of the definition of the right to privacy of public figures. First,public figures and privacy are defined, and then discusses the concept andcharacteristics of the right to privacy of public figures. Starting from the concept ofprivacy, privacy is a development concept, has privacy awareness will ultimatelyproduce the right of privacy. The legal sense of the concept of the right to privacy isproduced since modern times. The right of privacy as the right of personality in a, ofcourse is in need of protection. Public figures as with public interests linked to abody of law, the right of privacy and a lot of ordinary people and the right of privacyin different places. The privacy of public figures and ordinary people’s right toprivacy than has its own unique characteristics, it is not only the need to protect theprivacy of public figures, but also need to limit the important reason.The third part of the basis and principles of public figures privacy protectionand restrictions. From the first law and the reality in two aspects of public figuresprivacy protection is very necessary; secondly, in the protection of the privacy of thepublic person but also on the privacy of public figures to give certain limit, basedmainly on protection of public interests, meet the reasonable needs, public interest in freedom of speech and the public’s right to know the balance from three aspects ofneeds; finally, mainly discusses the protection and restriction of public figuresprivacy principles, are: to protect the principle, in order to limit the exception;personality dignity by the principle of protection of public interest principle; rational;career related principles; distinction principle; the principle of public interests.The fourth part mainly is the existence of public figures of China’s civil law toprotect privacy issues and how to perfect it. The first part of the existing publicfigures of China’s civil law to protect privacy problem, then on the basis of theprevious discussion on some ideas to improve the public figures of China’s civil lawto protect privacy, in an attempt to improve the privacy of our current legal system ofpublic figures.
Keywords/Search Tags:The Privacy of Public Figures, Limit, Protection, Legal Perfection
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