Legal Protection Of Privacy Right Of Public Figures

Privacy,as a human being has since thought existed in the world's natural rights,it protects everyone's private life is not affected by external invasion and harassment,making people keep a peaceful inner world.So protecting the right of privacy is the legal guarantee of proper meaning of personal freedom.The right of privacy is a basic right of citizens,and it is an important personality right which is independent of other rights.But in China,due to historical and cultural reasons,heavy and light collective individual collective thoughts lead to privacy protection mechanism is very fragile,and the traditional Confucian moral obligation caused by people,but light right,which makes the citizens' rights consciousness.Besides the historical issues above,the research on Chinese privacy laws are also compared with the western academia much later,the concept of privacy is inconclusive,let alone have a mature privacy protection mechanism.This leads to the contemporary civil law general provisions for the privacy itself abstract directly.On the contrary,the development of the information technology to spread infringement of privacy but exceed expectations for the scope of right to privacy of public figures is weak compared to people cautious protection and relief is no basis in law,the lack of scale,the discretion of judges in the judicial practice is too large,it is difficult to make an objective and impartial judicial judgment.At the beginning of the classic infringement case in the first part of this paper through the privacy of a public figure,this leads to legal issues facing the privacy right of public figures,before analyzing how to solve these problems,in the second part according to various theories and cases to define what is privacy,privacy,public figures,public figures privacy and the privacy of ordinary citizens what is the difference between the right,in this part the author based on reasonable distinction between the protection of privacy of public figures are divided to "the type of power of public figures" and "influence public figure" and "event type public figure three.There is in the connotation and extension of the concept of the basis of understanding clearly into the third part,in this part the author half section on interpretation of the priority of public interest and interest measure these two doctrines and weighing the pros and cons,which interests is the key theory,it is not only the center of thought a measure of personal interests and social public interests,balancing the privacy of public figures and the right to know society and a number of rights,or the fifth part for public figures based on classification of the type of protection.After defining the theoretical basis in the third part of the second half of the day in the legislative process of the United States,Germany and Japan are described,and the legal protection of foreign privacy characteristics are analyzed and summarized,which extract useful ideas,and finally from the Constitution and civil law in two aspects of China's legislation is not mature.Make the exposition.An analysis of the existing problems of the legal protection of privacy of public figures in China's social status on the basis of the fourth part of the combined part of the legislative process,at the legislative level there is no privacy in general is not listed as an independent right,the regulation is not complete,and other rights confusion in the judicial level,does not exist the problem of justice in the public consciousness there is a sense of the problem.The fifth part the author puts forward the corresponding measures to improve the protection of the privacy right of public figures from the three aspects of theory,legislation,judicial theory,proposed the use of interests to the type of protection of public figures on the purpose of perfecting in legislation;respectively put forward in"personality right law" and "tort liability law" on the right of privacy from the nature of rights and liability provisions,and strengthen personal information legislation;in the judicial perfection in distinction between "right" and "limited discretion" and"strengthen the judicial explanation of "three aspects of providing advice.