| Government officials’ privacy is matter of great concern under the situation of combating corruption and upholding integrity, people supervise government officials by learning about private information and private activities of government officials, for example “housing uncle event”. Although the relevant person leaked the privacy of government officials, but the event contributed to expose the corruption of government officials, public achieve the purpose of supervising government officials by exercising the right to know. Privacy is private affairs belonging to private sphere in which one can maintain own human dignity and human freedom. Possessing privacy also is our need, which enable us separate from society public sphere in order to let one alone and peaceful. So protecting privacy is the need of every person. Protecting privacy accord with the idea that human rights protection in the world and people oriented concept of the rule of law in our country also. However, government officials’ privacy is different from ordinary people’. The proverb of government officials having no privacy is not entirely without reason. For the privacy of government officials should be a restricted right of privacy. This paper aims at discussion about the issue of restriction of government officials’ right of privacy. At present, there is no other specific regulation on the limitation of the right of privacy of government officials in addition to the fuzzy rules of the law of tort liability in the civil law of our country. Just because of this People use the method of disclosure of the privacy of government officials to exercise supervision in order to reach the purpose of supervising the government official. In this case privacy right of government officials may be violated. Government officials also have their own privacy. But this kind of privacy is a kind of limited privacy.This paper aims at discussion about the issue of restriction of government officials’ privacy right. Hope to establish a legal system of restrictions of government officials ’privacy during the compilation of civil code. The privacy right should be as a specific right of personality into the personality right of civil law, and establish relevant laws and regulations on privacy. So on the one hand, it can make the restriction of the privacy right of the government officials basing laws, prevent government officials corruption. On the other hand, it is able to protect the public’s right to know and prevent the abusing the right to know infringe the privacy right of government officials.The first part of this paper introduces the concept and characteristics of the right of privacy, and the content and the particularity of the privacy right of the government officials are analyzed. In the second part the basis for the restricting of the privacy right of the government officials is analyzed from the four aspects: the first aspect is the uniqueness of the privacy right of the government officials. The uncertainty of privacy and the uniqueness of the privacy right of the government officials is the theoretical basis for restriction of the privacy right of the govern ment officials. The second aspect is the analysis of conflict of between the government official privacy and other interests and the other rights of citizen. The author thinks the privacy right of government officials and the public interest, the citizen’s right to know and the freedom of the press are in conflict. So the privacy of government officials’ should be limited. The third aspect is to analyze from the request of ethics and morals. The author thinks government officials are a model of social morality, he should maintain the personal and public image of the requirements. The fourth aspect is to discuss legitimacy from the angle of social r eal justice. The author think s government officials have access to public resources, and enjoy more benefits than the ordinary people thus it is necessary to limit their privacy right. The third part of this paper analyzes the situation and the problems existing in the restriction system of the right of privacy of government official in our country at present by the comparison with foreign system. Mainly analyzes the problems from two aspects of the legal system and social consequences. The problems mainly is the lack of the system and so the resulting adverse social consequences the main problem of our country’s government officials privacy restriction system is lack of legal provisions on the right of privacy of government officials. Existing declaration system and reporting system supervision is not in place, Punishment is not enough, this result two aspects of social consequences.First, the citizens of abuse of the right to know, the news media abuse of freedom of the press to infringe the privacy right of government officials. secondly is the government officials to use the right of privacy corruption law.The fourth part of the paper puts forward the idea of perfecting the system of the restriction of the right of privacy of government officials. It is mainly to perfect relevant laws based on the principle of interest measurement, the principle of value position and the principle of due process, actual malicious principle, and forms a standardized system of the restriction of privacy right of government officials forms from three aspects of legislation, justice and system to improve the relevant system. Firstly, the right of privacy should be into the personality law, So the restriction and the protection of the privacy right of the government officials have legal basis, on this basis to make special provisions on the privacy right of government officials and make the legal system of government officials to declare and report.Secondly it is to mainly play the role of judicial interpretation in the judicial aspect to adapt to the characteristics of the uncertainty of the privacy right of government officials. Thirdly, it is to introduce the actual malicious principle to ensure the full exercise of the right of freedom of speech in the press cases of violation of the privacy right of government officials. The case trial can be heard at the discretion of the case. Three is to strengthen the role of social supervision, mainly to strengthen the supervision of citizens and the news media, and perfect the internal supervision function of government organs. |
