Legal Protection Of The Right To Privacy Within Marriage

As a basic human right,it is inevitable that privacy is protected by laws.Marital privacy right shows that the husband or the wife has the right to unlawfully invade,know,collect,use,and make public the private information,private activities,and private space of the spouse.Since the marital privacy right is not clearly defined by laws,in practice,a large number of violations of the privacy right in marriage have not been solved in time and the rights of victims cannot be effectively protected.Marital privacy includes the mutual privacy of married couples and personal privacy within marriage.The scope and content of them are different.The common privacy of married couples is shared by the couple,and the personal privacy of the married couples is enjoyed by the spouses.Privacy in marriage has its peculiarities compared with privacy,the range of which is relatively small,so the protection is also necessary and feasible.In practice,marital privacy right and the right to know between husband and wife are usually a pair of rights that includes contradicts and conflicts.The privacy in marriage shows that the spouses have personal privacy that are not aware of each other.The right to privacy in marriage is manifested in the fact that one of the spouses enjoys personal privacy and is not known to the other,and the right to know the spouse shows that the spouses can know the privacy of each other and that the control of their privacy does not infringe the rights of one spouse.In the final analysis,the conflict between the two kinds of rights is the confrontation between value and interest.The key to solving this conflict lies in the reasonable coordination of the interests between husband and wife.There are complex and diverse cases of infringement of privacy in marriage cases,which are often based on the elements of general infringement and the principle of imputation to determine whether it constitutes infringement of the right to privacy in marriage.The subject of the violation is the husband and wife of the marriage relationship,and there are violations,damage results and causation.The methods of taking responsibility mainly include stopping infringement,compensating for losses,and making apologies.Privacy is inalienable.Confirming the privacy in marriage is the need of the development of the society.Protection of the privacy in marriage is also very necessary and important.This is not only beneficial to maintain the personal dignity and personality independence between husband and wife,but also maintains the stability of the husband-wife relationship,creates a harmonious family,and maintains social stability.Of course,the current protection of the privacy in marriage in our country's laws is not satisfactory.In practice,it mainly relies on the relevant provisions of the General Provisions of the Civil Law,the Marriage Law and the Tort Liability Law,and focuses on the reasonable operation of the system of damages for infringement.In the face of complicated disputes,the right to be overlooked again and again,it is very important and necessary to establish and improve the principle of coordination of conflicts of rights and the compensation system for tort damages between husband and wife.In order to realize the effective and effective protection of privacy in marriage in future legislation,it is necessary to stipulate the "privacy right in marriage" explicitly in the “Personality right” of "Civil Law" and stipulate that the legal liability to be violated in the privacy of marriage.