The Study On The Restrictions Of Privacy Of Public Officials In The United Status

There are a lot of articles about the privacy right of public officials in China,but few articles are devoted to the study of foreign public officials' privacy right legal system.America is a country with higher degree of political democratization and relatively mature official privacy restrictions system,and also it's one of the first batches that actualize government information disclosure and official property declaration system.Therefore,the practice was mentioned in many of papers previously as a reference for our country,but due to space limitation,only a brief introduction of the principles and the main practice was mentioned.Actually,public officials privacy restrictions involves so many contents that only one system cooperate with each other can delimit the scope of official privacy right,neither we can spy the whole picture of the system nor deeply understand the way it works in America through only one chapter mentioned in a paper.The purpose of this paper is to introduce detailed practices about public officials' privacy right restriction in the United States,thus providing more detailed information to scholars for further study and also a reference for the legislation of officials' privacy right in China.In chapter one,firstly,author does the pectination for the basic concepts that'll be used in this paper.Such as the development and judging criteria of public officials,the classification of privacy right,the focus and protect content of different types of privacy right.Secondly,I'll analyzes the reasons causing public officials' privacy right restriction and the particularity of the restrictions on public officials' privacy right compared with other types of public figures.In chapter two,the theoretical basis of restriction on public officials' privacy right in America,in another word,the theory of conflict of interests and the theory of conflict of rights are analyzed.These two theories have different emphasizes.The theory of conflict of interests is the theoretical source of the anti-corruption system in the United States today,the official property declaration system,the civil servants avoidance system,post-employment restrictions and other systems are built on this basis.The theory of conflict of interests is the theoretical basis of statute law to restrict public officials' privacy right.While the theory of conflict of rights is about what extent limit should officials' privacy be subjected when conflicts occur between citizen's right to know,freedom of speech and officials' privacy rightwhich belongs to the scope of "tort liability law Restatement(Second Edition)",article 652.It is the theoretical basis of the common law to restrict the right of privacy.The specific content of restrictions on officials' privacy right in the American statute law is included in chapter three,mainly about officials' information privacy which has a direct relationship with official activities.The information privacy includes the following three aspects: the relevant information on public events and personal information,official property information and the official social relations and activities.The fourth chapter is about the specific content of restrictions on officials' privacy right in the American common law.In this chapter the author will refer to the "restatement of tort law(Second Edition)",provisions of article 652 and the court's decision to relate special restriction on the privacy of public officials form from infringement,tort and public harassment infringement misleading three aspects compared with the ones of ordinary citizens.In the fifth chapter,the author summarizes three characteristics of American legal restrictions on the privacy of public officials.Firstly,from the overall point of view,the statute law and the common law cooperate closely thus building a set of system that is complete but not closed.Secondly,from the content point of view,the provision of the law is specific and operational.Thirdly,from the court's decision,we can find that the United States attaches great importance to the protection of citizens' right to know and freedom of speech.This is related to the special historical environment of the founding of the United States and the status of the first amendment.The court let officials bear heavy burden of proof,making it difficult to prove officials accuse of infringement.