On Legal Protection Of The Right Of Privacy In Public Places

The development of science and technology and the continuous progress of the Internet have brought great convenience to our lives,and also brought challenges to the protection of privacy.The popularity of many new video cameras makes videotaping easier,especially the advent of the Internet,which has had an unprecedented impact on society.On the Internet,people do not have the traditional sense of the regional divide,information can spread more quickly than ever before,once people become the focus,it will be concerned by the public in a large scale.Some scholars at home and abroad while disputing the right of privacy in public places,but modern society generally acknowledged that the public places of privacy,aware of the general tort behavior in real life,to understand the status of right of privacy in public places for the public spirit and mind,recognize and protect the right of privacy in public places is not only the needs of the public also,the improvement of legislation,the urgent need to maintain social stability and national security.In this paper,the main legal problems on the right of privacy in public places to explore,through the analysis of the current right of privacy in public places of the status quo and existing problems,and on the extraterritorial application of public privacy legislation,the legal protection of the right of privacy in public places put forward their opinions and suggestions,in order to help the legislative work for china.In addition to the introduction and conclusion,this paper is divided into four parts.The first part mainly discusses the definition of the right to privacy in public places and the necessity of legal protection.It includes the development of privacy right and the proposal of privacy right in public places.At the same time,it divides public places and private places into public places,and analyzes the definition of privacy rights in public places.The necessity of legal protection of privacy right in public places is analyzed from the following three aspects: the threat of public surveillance to personal privacy,and the erosion of privacy from the media.The second part is the traditional theory and reason for the non privacy in public places,and the analysis of the refutation of the right to no privacy in public places.The authorbelieves that there should be a theoretical basis for the right to privacy in public places.Its theoretical basis mainly includes the right to respect for private life in public places,the anonymity of individuals in public places,and the reasonable expectation of privacy in public places.Because of the existence of these theoretical bases.The theory of privacy in traditional public places cannot be established in today's society.Investigation and analysis of the third part of the legal protection of privacy in public places abroad,including the legal protection of the United Kingdom and the United States,Canada and other countries of the Anglo American law system and continental law system to analyze,summarize the experience and Enlightenment of overseas about the right of privacy in public places,through national legislation,judicial precedent,leading legal transplantation,constructing the legal protection mechanism the right of privacy in public places,perfecting the legal system of privacy in china.The fourth part first introduces the reasons for the absence and deficiency of privacy protection in public places in China,and the establishment of privacy rights in public places in China.Right of privacy in public places in our civil law establishment has its legitimacy in law,and China's "civil law" did not deny the right of privacy in public places;followed by the establishment of the principle of protection of right of privacy in public places,shall not influence the basic public order and public as the premise,to the extent of general privacy interests,not including special personal privacy requirements;the reasonable expectation of privacy standards to judge the case;the correct balance of interests between the flexible use of public places between private interest and public interest.And mainly from public places,specific forms of the infringement of the privacy of public privacy infringement defenses are analyzed,including public interests,public activities,public figures in three aspects;finally to improve the public security system monitoring,behavior and information technology use the sum up of opinions and suggestions,to the public in public places better privacy protection.