Conflict And Coordination Between Parental Custody And Minors' Privacy Rights

In recent years,people's way of life has been imperceptibly influenced by the progress and development of science and technology.The " parents and children" package,launched by China mobile,is now hot with the popular children's watch.It is undeniable that the development of such technology increases the link between parents' children,facilitates parental supervision of their children,especially the positioning service system,which extends the arms of parents to protect their children.However,science and technology is a double-edged sword,at the same time,the privacy of minors is facing the possibility of unlimited parental mining.when the privacy of minors collide with parental custody,the contradiction presented is inevitable.Based on the analysis of the causes of the conflict between minors' privacy and parental custody,this paper puts forward some suggestions to balance the conflict between minors' privacy and parental custody.This paper is divided into four parts:The first part introduces the function of children's intelligent watch,leads to its potential harm,in order to show that the privacy of minors is vulnerable to the exercise of parental custody.Then,from the historical origin,respectively introduces the custody and the right to privacy " what" the problem,and clearly points out that minors enjoy the right to privacy and protected by law.The second part mainly discusses the specific performance of the conflict between parental custody and minors' privacy,and explains the conflict between " why " : the parents and minors have the same direction,one is the parents perform their guardianship,the other is to protect their privacy;The law on the scope of guardianship of minors and the degree of privacy intervention is not clear,the scope of the right to privacy of minors at each age stage is different,the protection of minors has no stage change process;Parental authority and custody do not make a reasonable distinction,when the privacy of the minor is violated by the guardian,the civil capacity of the person or the limited capacity of the person to initiate proceedings can only be done by guardians,and other qualified persons or units not to sue the court,the lack of law can not solve;In addition,the influence of the feudal parents of China is also an important reason of the conflict.The third part points out the current situation and deficiencies of the protection of custody and minors' right of privacy: in addition to the existing laws and regulations are not complete,and the provisions of the protection of privacy in the judicial practice,because too principle and empty,not strong operability.In the fourth part,the coordination of the conflict between the two recommendations,to solve the " how" to help to balance and coordinate the conflict between parental custody and minors privacy conflict: suggest to establish a unified legal privacy protection laws and regulations;According to the right of privacy of minors,it is divided according to age stage,and staged protection;At the same time,the " reasonable doubt standard ",the parents in the process of carrying out guardianship,only reasonable and reasonable reasons,can master the privacy information of minor children;Perfecting the litigation agency system and strengthening the intervention of public power;Increase the publicity of relevant laws and regulations such as the protection of minors act;And conducting instruction to parents' guardians.