Font Size: a A A

Research On Limitation And Protection Of Public Persons’ Privacy

Posted on:2016-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:L YiFull Text:PDF
GTID:2296330464472845Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, as the science and technology (especially the network information technology) developed at top speed, people are visible to violate others’privacy. Citizen’s privacy, especially for the public figures are likely to be exposed in any time, at any place, by any way. From this perspective, we can wetness its vulnerability and the characteristics of the vulnerable easily.Thus, it reflects that the protection of the right(especially when the right belongs to public figures) is of great importance. Although the relativity of right shows that any right should not only be protected but also be restricted.We can apply this principle to public figures’privacy protection.We should make necessary limit when we are protecting their rights.I’m going to write this article from defining public figures and right of privacy,to make a clear division between public figures privacy protection and restriction.Hopefully, it can provide some reference and help to relevant departments to complete the legislation of public figures privacy protection and restriction.There are 3 parts in this article except for introduction and conclusion.In the first chapter,I mainly expounded the definition of public figures and their privacy.At first,I made a specific analysis on the origin, concept, characteristics and classification of public figures.secondly,I set out the development of privacy and privacy right as well as their concept formation,and then I analyzed the concept and characteristics of public figures privacy to make readers have a a specific and in-depth understanding about it.In the second chapter,I mainly analyzed the limit of privacy rights of public figures .At first I analysis the legal basis to limit public figures’privacy right.The primary cause to limit their right is that it related to public interest to some extent.In the traditional theory,public interest’ kernel is a kind of" general interests",that is to say "it makes sure that it is beneficial to anyone’s some values in the society.In order to protect the interests of most people in our society, we have to sacrifice reasonably public figures’privacy for social justice.Another one reason is that there is always conflict between power and right,as well as right and right.In order to alleviate the conflict between public figures privacy and government public power as well as the public’s right to know, we must limit the right of privacy of public figures to within reasonable bounds.Secondly,this article stated the principles to limit the right of privacy of public figures. The third is that the scope of limitation of the public figures privacy. According to different types of public figures, the limited standard should be different, too.The restricted range of privacy right of political public figures, voluntary and involuntary public figures should be narrowed in turn. Third, the article expounds the public figures privacy of coordination with the public’s right to know, to coordinate the relationship between the twos, we must follow the principle of public interest and principle, at the same time,it should be on the premise that it’s not violating public figures’ personality dignity, and should satisfy the public interest.The third chapter mainly discusses the characters of privacy protection to the public figures. At first,this article explain the relationship between the limitation in privacy of public figures and protection.The second,I analysis the basis of law. Protecting the privacy of public figures is a value embodiment of protecting the value of personality freedom.It reflects the legal value of freedom,order and justice.It is not only the need for anyone to live,but also to build the modern rule of law and civilized nation. Secondly, the article discusses the scope of public figures privacy protection.I think rather than the ordinary people, the public figures’ privacy protection range is relatively narrow, and the range of different types of public figures to the right of privacy also has huge difference.Third, the article expounds the public figures privacy of coordination with the public’s right to know, to coordinate the relationship between the twos, we must follow the principle of public interest and principle, at the same time,it should be on the premise that it’s not violating public figures’ personality dignity, and should satisfy the public interest.The article discussed the present situation and shortage of the protection of the privacy of public figures.It analyses the specific rules in privacy protection in constitution and criminal law as well as civil law.From analysing the present situation,I summarized the shortage in legislation judicial and academic studying in public figures privacy protection in our country.At last,the article discussed how to make up the shortage of the three aspects talked above.
Keywords/Search Tags:Public Person, Privacy, Protection on Rights, Limitation on Rights
PDF Full Text Request
Related items