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Research On Privacy Legal Protection System Of Entertainers

Posted on:2017-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:S MaFull Text:PDF
GTID:2296330488964057Subject:legal
Abstract/Summary:PDF Full Text Request
Privacy is an important right enjoyed by every citizen, it is a personal right. Although China has made related to privacy laws, but because the content is too general and vague regulations, legislation lags behind too much technology, leading to some problems in the protection of privacy. With the social progress and cultural development, people in the pursuit of material on the basis of the spirit of the pursuit of more and more attention, becoming well-known entertainers, social concern figures, entertainers privacy will become a public mining, the focus of heated debate, which increases the likelihood of entertainers privacy had been violated.This paper is divided into five parts, from the concept and explore the features privacy and entertainment stars to start, summed entertainers privacy is different from the general public and other typical features voluntarily type public figures, prominent entertainers on privacy protection necessity. And then explore the legislative level and judicial level of privacy on the status of entertainment stars, learn the relevant provisions of foreign legal systems, made their few suggestions.The first part, entertainers privacy overview. From the origins of privacy and the privacy of the connotation, summed up the concept of privacy, ie privacy of personal information is a natural person not entitled to be leaked, the private sector is not intrusive, freedom of private activities are not independent personality right outside interference. Then, the privacy features were analyzed, it showed restrictive privacy, is limited by the public interest; A dominant, independent rights holders may waive or allow others to intervene; independence, with the portrait, reputation and or honor as an independent personality right for entertainers privacy features to explore the theoretical basis. Inquiry entertainers privacy must first clear the concept and features entertainment stars, because the entertainers are subject to privacy rights. Entertainers privacy features and entertainment features the star itself has great contact, it is entertainment stars by the public and media attention, but their words and deeds to society will have some influence, which makes entertainment stars are also vulnerable to privacy concerns, and with the public interest, the right to information and freedom of the press and social conflict. Also, because of privacy itself dominant, entertainers implied right to privacy may be waived. Privacy and entertainment stars as compared to the general public, privacy has many features, as a voluntary type of public figures, entertainers privacy compared to other typical type of voluntary privacy of public figures, have different characteristics. It is through entertainment star privacy and the privacy of public officials, sports stars of privacy compared to prominent entertainers privacy features, also shows the urgent need for special protection of privacy and entertainment stars.The second part, to protect the privacy of entertainers significance. Summed up by the first part of the entertainment stars of privacy protection is to maintain their human dignity needs, is to maintain its stability and life needs, it is to safeguard the public interest needs, but also need to purify the entertainment news environment.The third part of the status quo entertainers privacy Legal System in China. At the legislative level, from privacy laws to protect the status quo start, prominent entertainers lack of privacy. In the judicial level, entertainers privacy conflict with the public’s right to know and the press is difficult to reconcile; justice too dependent on the discretion of the judge; entertainers themselves awareness of privacy laws affected all aspects of increasingly weak.The fourth part, the provisions of foreign privacy legal system. The author lists the provisions of the United States, Japan and Germany in the constitution, criminal law, civil law aspects of the relevant legal system, to explore the place is worth our reference.The fifth part of the legal system to protect the privacy of entertainers perfect. On the one hand it made suggestions for improving the content of the provisions of the Constitution, civil and criminal law and other key sectors at the legislative level, on the other hand recommended the enactment of regulations to give industry special protection for entertainers privacy features. In the judicial level, professional organizations may introduce mediation system and arbitration system, high efficiency, multi-tools, low-cost solution to cases of violations of privacy entertainment stars. Meanwhile, in the proceedings for cases of violations of privacy entertainer applicable professional jury system and non-public hearing system to ensure fairness and rationality of the decision.Innovation of this paper is not only entertainers privacy compared with the general public right to privacy, but also compared to other type of voluntary privacy of public figures, prominent entertainers typical features have privacy, as well as the significance of entertainers privacy protection so according to legislative and judicial status quo, the corresponding perfect proposal for a series of unique judicial system.
Keywords/Search Tags:Privacy, Entertainers, Personality rights
PDF Full Text Request
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