Research On Protection Of The Right Of Privacy In Public Places

In the past,the theory of "no privacy in public places"has been playing a unique role in the field of legal theory until the theory of"reasonable privacy expectation"was first put forward in judicial practice in the United States,which means that the theory of"no privacy in public places"has gradually withdrawn from the historical stage.Since then,public place has been included in privacy protection.The biggest difference between the right of privacy in public places and the privacy is that it occurs in public places.The characteristic of public places is inclusiveness and sharing,but it can't deny the existence of the right to privacy in public places.Only in violation of public interests and the legitimate rights,it is necessary to restrict the right to privacy in public places.In the era of science and technology,the dissemination of information has become fast,and the interaction between people has become more frequent.The science and technology has led to the blurring of the boundaries between public life and private life simultaneously.Nowadays,with the development of science and the innovation of the Internet,our life is constantly enriched,and it provides us with many conveniences.With the popularization of mobile camera function,we can record our lives anytime,anywhere,but it also brings hidden dangers to our privacy in public places.The proliferation of public surveillance has also greatly increased the possibility of violating the right to privacy.The Internet era has completely broken the geographical constraints,and information has spread at a faster rate.What happens can easily become a hot topic.At present,some scholars still have doubts about whether the right to privacy exists in public places,but most scholars generally acknowledge the legitimacy and rationality of the existence of the right to privacy in public places.Scholars also realize the necessity and urgency of protecting the right to privacy in public places.Whether from the perspective of the needs of social groups or from the perspective of improving the legal protection of privacy,the protection of privacy in public places has become a top priority.The traditional privacy theory has been far from meeting people's needs.In today's society,the right to privacy in public places has a widely recognized mass basis and value basis of social support.Therefore,the protection of the right to privacy in public places has become a problem that can't be ignored in modern society.This paper mainly explores the protection of privacy in public places.Firstly,it analyses and discusses the problems.Then it explores the theory of"reasonable expectation of privacy".Then it classifies the mairn infringements of the right to privacy in public places.Finally,it puts forward some suggestions.This paper is divided into the following four parts:The first part is about the problems existing in the protection of the right to privacy in public places.The author starts with the social current affairs and judicial practice cases to analyze the problems existing in the protection of privacy in public places.There are many difficulties in the legal protection of privacy right in public places.The infringement of privacy right in public places happens frequently,and the content of privacy right is too general in legislation,and lack of a perfect legal system.There are many problems in legal practice.Courts often fail to find a clear legal basis in judgment,and still use the theory of "no privacy in public places"to try,which inevitably leads to the lack of protection of people's legitimate privacy in public places.The second part mainly explores the theory of reasonable expectation of privacy in public places.Firstly,the theory is analyzed,and then the controversial part of the theory is elaborated in detail with specific examples.Finally,the problems existing in the application of the theory in China are discussed.The third part is mainly about the classification and analysis of specific infringements of the right to privacy in public places.This paper elaborates on the tort,and at the same time incorporates some cases into a detailed analysis.The fourth part discusses the suggestions to improve the protection of privacy in public places.Firstly,it discusses the perfection of the legal protection,then puts forward specific suggestions on the judicial standards of the protection of the right to privacy in public places,and puts forward necessary restrictions on the protection of the right to privacy in public places.Finally,it puts forward relevant remedial measures for the new type of infringement of live network broadcasting.