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Marital Problems For Privacy Protection

Posted on:2018-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:X R ZhangFull Text:PDF
GTID:2346330515960503Subject:Law
Abstract/Summary:PDF Full Text Request
The right of privacy,as a basic right of human being,is enjoyed by everyone equally.Privacy is a modern legal concept.It is not long since it was put forward,but internationally development speed of the law is quite amazing.Every country on the right of privacy have different degrees of protection.And the right of privacy is also in legal protection in our country,but not as a spe cific legal regulation.The protection of privacy rights was included in the constitution,the second tort liability law and the civil law.the protection of personality right includes the right of privacy,no other laws to protect the right of privacy do more to explain.The family relationship,traditionally,especially the close relationship between husband and wife were affected by the marriage law of spouse right duty of loyalty.It is always considered between husband and wife there is no privacy,so couples' privacy has been covered by the duty of loyalty between husband and wife,which cause a lot of social problem.Now this paper aims to analyze the privacy between husband and wife with related cases,from the angle of practice and theory,we will discuss the protection of privacy between husband and wife and make clear the relationship between husband and wife the duty of loyalty and the right of privacy.Then we te nd to provide a new way to so lve the problem of privacy between husband and wife.The first part of this paper lists two different rights of privacy marital judicial precedent,through the analysis of different situations of privacy between husband and wife,determination the right of privacy in marital status.And the case will be as the guidance,we will put forward the problems about the case.The following is discussed and explained in theory related issues,and further clarify the relationship between husband and wife the duty of loyalty and the right of privacy.The second part of this article defines the concept of privacy and privacy right from the perspective of theory.From the perspective,jurisprudence existing between husband and wife is clearly the right of privacy.Protection of privacy between husband and wife was to make further judgment,mainly from spouses personal health and marital property status,secret communication between husband and wife and the things between husband and wife personal domain.From the point of view of taxonomy,the author defines the type of the right of privacy between husband and wife,including the personal privacy and the common privacy between husband and wife.In the third part of the conflict principle expressed privacy between husband and wife and other rights are analyzed,mainly about between husband and wife.the right to know the concept of consolidation between husband and wife and the basic theory for couples,the right to know and the right of privacy are summarized and sorted.And the relationship between the privacy of the husband and wife and the right to know the right to know the secret and the physical condition of the conflict was analyzed,and the corresponding coordination programThe fourth part of this paper was about the establishment and development process of marital sorting and discussion on the right of privacy in some countries.We hope our country can learn some theories and systems on the right of privacy of some developed countries,building and Providing some feasible way to contribute good legal system of our country.The fifth part mainly puts forward some suggestions for the judicial case,mention media instance and some of the problems in theoretical analysis of comprehensive summary and put forward the related system of marital privacy protection,from different angles to the right of privacy between husband and wife in the specification.Some suggestions about privacy protection between husband and wife,from the perspective of theory and practice,are to build a detailed system of protection of privacy between husband and wife.
Keywords/Search Tags:privacy, the right of privacy between husband and wife, right to know, conflict of rights and legal system construction
PDF Full Text Request
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