Restriction And Protection Of Public Figure's Right Of Privacy

With the strengthening of the modern social rights consciousness,as one of the personality right of privacy have been confirmed by most countries in the world and protection.At present our country legal protection of citizens' right to privacy is still in indirect,in the judicial practice,general with infringement of reputation,personality right to deal with.At the same time our country law and on the type and scope of the "public figure" concepts such as make a clear definition,this also prompted a thorny problem in dealing with such cases.Public figures as a special social group,because of its special occupations,social status and influence,its privacy and public interest,public interest has connected,which determine the privacy of public figures to a certain degree of restriction.But with the development of computer technology,monitoring technology and news media,the right to privacy of public figures often infringement caused by the pursuit of commercial interests of the media of the privacy of public figures increasing cases of infringement lawsuit.Therefore,how to protect the public figures privacy has become the hot problem to both theory and practice of law,that is what this paper research topic.Besides the introduction and conclusion part,this paper analysis and process is divided into five parts:The first part is to understand the connotation of the right of privacy.First raises privacy originally by two American jurist Samuel warren and Louis brandeis is put forward,with the development of the society,privacy protection of a right become the nations of the world,and the private law adjust gradually evolved to reflect characteristics of the original rights,as a basic human rights,are protected by the constitution of most of the world.The second part is about the concept of public figures privacy.And give to this special group public figure clearly defined,public figures can be divided into political public figures,social public figures,completeness,limited public figures and public figures of voluntary and involuntary public figures public figures.The third part is to protect the privacy of public figures and limit the scope of the theory discussed in this paper.Starting from the basic principles of this part,the above proposed by different types of protection of the right to privacy of public figures and the limit range are discussed.Principle of benefit measure is the right to privacy of public figures need to restrict the fundamental source of legitimacy,at the same time according to different types,consider the presumption of the assignment of right,and reasonable to public interests or the public interest as the ultimate criterion.Different types of public figures,the degree of privacy is limited by public interest principles of should also be different.The fourth part is the comparison study of public figures privacy issues.Through to the United States,Germany,the UK legislation in this respect,so as to reflect on the lack of public figures privacy legislation protection in our country.The fifth part proposed consummates our country public figures privacy restriction and protection system.According to our country's legislative practice,restrictions on public figures privacy in our country put forward some Suggestions on the legislation and system,in order to our public figures privacy protection and limitation of legislation practice contribution meager strength.