Research On Restrictions Of Public Officials’ Right To Privacy In The U.S

This paper aims to sort and analyze the restrictions of government officials’ right to privacy in the U.S.. Based on American experiences and on the current conditions and academic achievements in China,three recommendations have been raised,to perfect our own system practically and theoretically, which are further strengthening supervision by public opinion by legislation, gradually standardizing and improving property declaration system, and enhancing the judicial norms.This paper shows that the efficient functioning of the US government officials’ privacy system benefits from its multi-level legal system,independent supervision by public opinion, power balance system and a comprehensive property declaration system.In this paper, the first and the second part clarify the basic concepts of privacy restrictions in the US.Then analysis on the theoretical basis for government officials privacy limitations is made,which includes three aspects as public interest, conflicts between supervision by public and officials’ privacy and moral distrusting.The third part summarizes the main aspects of the American way of restricting government officials’ right to privacy,namely moral restriction, legal restriction and religious restriction,among which legal restriction is paramount. Further arguments on the four aspects of its various legal privacy limitations are to be discussed,premised on classification of privacy interests.To sum up,its legal control system features three spheres, the tight and open legal system, power restraints and emphasis on independence.Part IV describes the status quo in the context of current cyber anti-corruption of privacy restrictions of government officials in China, and concludes that problems lie in ineffective supervision by public opinion,absence of overall legislation and repeated emphasis on economic restrictions. Then three proposals are made,that are strengthening supervision by public opinion in the Constitution, gradually improving personal information disclosure system and property declaration system, and enhancing judicial norms for officials’ privacy right.China is currently trying to have certain degree of theoretical study and practical research of government officials’ privacy restrictions, while there are still many problems, such as how to balance conflict between public scrutiny and official’s privacy, how to promote information disclosure system gradually.This article will mainly adopt comparative analysis and historical analysis methods to argue and to achieve innovation from the following aspects: firstly, a religious and cultural perspective is applied in this paper to further interpret the validity and necessity for restrains on government officials’ privacy, in addition to the perspective of right conflicts. Secondly,this paper introduces the comprehensive limitations system of US government officials’ right to privacy,which will play an basic and integrated role with literature significance. Meanwhile,this paper summarizes the characteristics on US government officials restrains of privacy and analyzes its principles, so as to provide a more direct reference to China.