Research On The Protection Mechanism Of Citizens' Privacy Rights From The Perspective Of Legal Paternalism

The right of privacy is the significant element to maintain the freedom of personality and personal dignity.It is also the prerequisite to maintain personality independence.As the national public power expanding and the governmental powers infiltrating,the situations that public power frequently intervene the exercise of citizens’ personal privacy happen occasionally.The law ought to balance the interests appeal of the conflicts and delimit a boundary line reasonably between the exercise of citizens’ personal privacy and the intervention of public power.The theoretical framework of legal paternalism provides the possibility to solve the conflict.The essay takes the case of Lin Wenchuan as the entry point,through analyzing the fingerprint interest characteristic and the legitimacy of fingerprint collection from the perspective of paternalism which are involved in the case’s focus to propose the dilemma of the protection of privacy right.The essay takes paternalism as the tool of analyzing and make suggestions to perfect the protection system of privacy right.The essay includes four parts:The first part is the focus of dispute in the case of Lin Wenchuan.This part introduces the case of Lin Wenchuan and summarizes the focus of dispute in this case.Then this part analyzes the substantial attribute of fingerprint interest and the legitimacy of paternalistic fingerprint collection.The second part is the analysis of the legal issues in the case.Through the analysis of the substance of the case to draw forth the basic definition of the privacy right and the substance of legal paternalism,and argues the value and limitation of the intervention of privacy caused by legal paternalism.The third part is the protection dilemma of privacy right in China.This part comprehensively analyzes the existing problems in the protection of privacy right from the perspectives of the lack of privacy rights lawmaking,the border-crossing exercise of public power and the lack of relief protection.This part make space for the intervention and the solution of paternalism.The forth part is the protection mechanism of privacy right under the legal paternalism.This part proposes the specific perfection of the existing problems mentioned in the third part.First,from the perspective of the lawmaking,this part provides the protection mechanism of constitution protection and other related law protection.Second,from the perspective of weaken administrative intervention,this part explains the limitation of intervention of executive power and establishes the path of exercise of privacy right.Last,this part explores and analyzes the relief of privacy right from the aspects of constitutional relief and administrative relief.