Privacy Restriction And Protection Of Public Official

China has not put forward the concept of public officials, and the research about theprivacy of public officials is more rare. At the same time, the right of privacy is not anindependent right of personality in China, but attached to under the protection of reputation.Those situations make the protection for public officials’ privacy one disaster after another.Public officials of citizenship and political identity double cross also means that the privacyright of public officials conflict between the right to know, and freedom of expression.Theconflict present increasingly direct, intensification and development of complicated situation.How to find a best balance point in the law, not only satisfy the public demand for democraticpolitical supervision, promote the development of public interest, but also do not sacrifice theinnocent public officials personal legal privacy interests, this paper seeks to explore theproblem.In this paper, in addition to the introduction and thanking, the text consists of fourparts:The first part: Analysis of the privacy of public officials. By discussing the concept ofpublic officials fist formed in the United States, I pointed out that the academic circles inChina definition of the concept of "public figure" with U.S. law related to the concept of the"public person","public figure" and "public officials" to clarify the author stance: ouracademic circles should clarify the concept of public officials, and discussed the two conceptsof "public figure" and "public officials" should not be regarded as the same.They have bigdifference between the connotation and the protection measures. In China, public officials canbe understood as follows: the elected government officials, as well as the implementation ofthe responsibilities of the terms of reference will have a certain impact on public interest."Civil servant","national staff" and other related concepts as the connotation and theextension of "public officials" are different, it is not appropriate in this paper.At the same time,from the perspective of comparative law, I explored the different definitions andcharacteristics between domestic and foreign scholars for the privacy and the right of privacy,summarizes the privacy of public officials with civil status and political figures identity cross,privacy interests and functions involved in the public interest, privacy is closely related to thecharacteristics of limit strength more.The second part:The relevant foreign experience of restriction and protection of privacy of public officials. Analysis of three representative countries restrictions for public officials toprivacy and the protection of the relevant theoretical and practical experience: the UnitedStates for public officials privacy restriction and protection from the case law to the statutelaw of development, analyzes the privacy of public officials put forward and "actual malice"principle into related development perfect; English law on the main attachment of privacy tortlaw solid indirect protection mode and method of Germany in personality dignity as the coreof privacy protection mode field points.The third part: The restrictions of public officials’ privacy right. Analysis of thelegitimacy of the privacy restrictions of public officials from the theory of right control andregulate, the theory of conflict of rights and the theory of rights and obligations. Summarizesthe principles of restrict the privacy of public officials: the priority with the balance of thepublic interest, the principle of proportionality, the principle of actual malice, thediscriminatory restrictions.The fourth part: China’s public officials privacy restrictive protection idea. On thepremise of the protection of privacy of public officials is the limited privacy has been verygood protection. The protection of privacy in China cannot contain well, so after a big chapterdiscusses the above privacy restrictions on public officials, combined with our specific reality,it is imperative restrictive protection of privacy do a good job of public officials. The specificdesign includes: the specific regulation in "tort liability act" against public officials in theprivacy act.Reasonable to follow the principle of public interest, not wanton expansion ofpublic officials privacy limits.Take direct protected mode, three-dimensional legislation onpublic figures of the privacy of restriction and protection to do special specification.