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The Conflict And Coordination Between The Privacy Right Of Public Figures And The Freedom Of Press

Posted on:2012-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:S M LuoFull Text:PDF
GTID:2296330452962070Subject:Law
Abstract/Summary:PDF Full Text Request
Public figures privacy and freedom of the press is most national constitutionalfundamental rights and freedoms. The freedom of the press theory comes fromEngland. It reflects a process that simple constitutional freedom change to anintrusive “public” private right. Public figures because of its own influence andprominent social status led to its individual privacy which is different from thegeneral privacy. In actual society public figures to maintain the privacy right thatcontrol of personal life field, quiet, the personal information protection for its basicvalue, but press freedom to protect public interests and public interest for the basicvalues of reasonable, which lead to achieve both sides appear in the process of thevalue of a fierce rivalry. Our country is a privacy protection has not been perfected yet,and press freedom also has not been special legislative security, in their conflict oflaws isn’t worth principle and method using for reference. Therefore, the paper whichis based on the basic theory of relevant rights conflict coordination put forward theprinciple of basic rights conflict approaches and methods. Then Proposed thecoordinated approaches and methods of right conflicts.. According to the current lawin imperfections in free press forward priority, combined with the case balanceprotection method to deal with conflict of public figures privacy and freedom of thepress.Despite introduction and end, the paper is composed by four parts:The first part introduces the concept of the freedom of the press, rights, meaning,sourcing. It expounds how to define public figure, and public figures the meaning ofprivacy. This article analyzes the freedom of the press and the public figures, theconstitutional value privacy and security etc, then Puts forward those conflicts forms ofexpressionThe second part to review the freedom of the press and public figures conflictprocessing is experienced countries that dealing with the two related aspects of themature experience, and compares different on behalf of the state law in those conflictshave different tendentiousness reason. Expounding experience and reference shouldbe brought in China The third part analysis essence of conflict that our country’s freedom of the pressand public figures. Then illustrate they can coordinate from possibility and necessity.The fourth part put forward three kinds of views of rights coordination andfundamental principles: they are Press freedom is preferred, public figures privateright is preferred, and Case balance the rights shall not abuse. According to aboveanalysis and reference, I propose deal with their conflict should hold the basicprinciple in china, freedom of press is preferred. Three different public figures privacyare different treatment principle. Finally, I suggest that the law of our country presentdeal with freedom of press and public figures.
Keywords/Search Tags:public figures, privacy, freedom ofpress, value measure
PDF Full Text Request
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