On The Privacy Of Public Figures And Protection Of Property

Privacy including private information, private life, private space, physical privacy, its essence lies inthe personal privacy and confidentiality of their disposal and to exclude the interference of others. Thereason to set privacy law, which aims to protect personal life away from others bother to protect the secretis not known personally to others. However, public figures is a special group, personal information orcontent in social activities related to public figures all areas of society, all walks of life, all groups, allaspects of life and work. Privacy of public figures are often related to the content of the public interest, ormeet the reasonable needs of the public interest. Many public figures, not only sought after and publicconcern, but also need to accept public criticism. Therefore, the privacy of public figures and the public ’sright to know when a collision with a conflict occurs in real life, but with the economic development,technological advances, more and more conflicts between the two collisions with acute, often basedupgrade of. This conflict caused by a collision with the "culprit " is actually the privacy of public figuresconfrontation and conflict itself has a public property and private property.In recent years, the phenomenon of public figures privacy was violated intensified, China’s legalcircles some scholars began to focus on such cases, and gradually expand the range of issues related to thestudy. However, with regard to how to hold a public property and private property, in this issue up toinvestigate the problem of limited protection and, on the theory of law and judicial practice turns out to beless and less. This paper mainly address this issue sort, analyze, study and research, in order to draw someconcrete and practical ways to improve the protection of the privacy of public figures and limitations of thesystem.In this paper, the author first introduced the concept in the introduction and source of "public figure"of the term, followed by a detailed discussion of the next four sections in the privacy of public figures andrelated issues, including the privacy of public figures concepts and conflicts of interest in the concept,content, features, and why the difference between the status quo and protect the two properties. Two publicfigures privacy and private property into public property attributes. Private property is primarily reflects thepersonality of freedom and human dignity, privacy of public figures with ordinary people, also has a personal interest and value. Public property mainly for the public interest so requires and reasonable publicinterest in two ways. In the analysis of the public interest need to define the scope, determine standards andreasonable theory about the public interest after the conflict when two attributes priority to the protection ofthe three perspectives, the author focuses on how to effectively control private property and public propertyconflicts and balances this problem.How to adjust the conflict between the two properties, the balance of interests of the two properties,which is healthy for the rights and protection constraints, the author puts forward his own views, first of allwe should establish two basic points: first, although as a public figure is not possible with ordinary people"equal", but they no doubt have privacy and be protected by law; second, there is no doubt that right shouldbe restricted. Besides the need to establish two basic principles:(a) in the public interest so requires and thereasonable limits of public interest in the protection of the private sphere outside absolute;(b), publicfigures should make use of the right to privacy restrictions, you can not arbitrarily expand and can notshrink, not just dispose of any occasion can not claim that the right to bear certain "obligations to endure."Finally, to improve the system regarding the privacy of public figures, the author gives his own advice:First, from the construction of the Constitution, civil law, privacy law legal norms, such as the developmentof a constitutional amendment to combine together to protect the Constitution, the Civil Code the privacyas an independent single system, the development of special "Privacy Act" and the "Press and PublicationLaw," the rights in criminal law, to build a multi-level comprehensive privacy protection system; Secondly,with regard to the protection of the rights and restrictions of this problem, measures can be taken include: aclear core scope of that right; determine its boundaries and standards; the protection of the rights andlimitations of this hierarchical provisions; selective public hearing cases that right has been infringed;adjudicating such cases adhere to the "actual malice" and "micro crimes do not move" as the refereeprinciple.