Conflict And Balance Between Official Privacy Right And Public Right To Know

Since the 18th National Congress of the Communist Party of China,our country has carried out a series of works to build an uncorrupted government,and the anti-corruption efforts have been continuously enhanced.Property declaration system is a clean and honest mechanism to prevent corruption.By reporting and disclosing the property information of officials,it can not only urge officials to abide by the law,but also protect the public's right to know to a certain extent.However,this process inevitably involves the protection of officials'right to privacy.Only by balancing the relationship between officials'right to privacy and the public's right to know can the property declaration system play a better role.This article explores the conflict between the official's rights to privacy and the public's rights to know,and rich theoretical basis for improving property declaration system.This article is generally divided into five parts:the first part is about the right to privacy,the public's right to know,conflicts of rights to and official corruption control.The existing researches on the staff corruption control and property declaration system are sorted out and summarized,and the concepts of privacy,the right to know,officials and property declaration system studied in this article are defined.The second part first introduces the development situation of our country's property declaration system,the role of the property declaration system,the theoretical basis of the establishment of the property declaration system in our country.It also analyzes the obstacles to the protection of privacy in the implementation of our country's property declaration system.Next,sorted out the relevant regulations of our country's rights to privacy and the public's right to know,and sums up three conflicts situations of official's right to privacy and the public's rights to know in our country's property declaration system through collecting cases,namely the conflicts between the public advocates the exercise of the right to know and the officials' claims to protect the right to privacy,between the public's claim to disclose information and the privacy of official residences,and between the public's claim that supervisors and officials are concerned about the exposure of corruption.The third part analyzes the essence and reason of the conflict between the officials' rights to privacy and the public's rights to know.The essence of the conflict is the difference of right values,the differences of social roles,the conflict of the right subjects' interests and the conflicts of rights manifestations.The reason of the conflict is the contradiction of rights abstraction and interests contradictions,the overlapping identification of rights subjects' social identities and legal identities.The fourth part analyzes in detail the three main theories to solve the sudden problem of conflict of rights,namely the theories of equality rights,hierarchy of rights,and boundary of rights,and there are three viewpoints are summarized,namely there is no hierarchy of rights does not exclude substantive inequality based on different identities,and setting corresponding obligations for rights subjects is conducive to clarifying the boundary of rights.The fifth part clarifies the four principles of balancing the right to privacy of officials and the right to know of the public.That is,the principle of public interest,the principle of consent,the principle of minimum infringement and the principle of due process,and puts forward specific measures to balance the official's right to privacy and the public's right to know,which are respectively to clarify the boundaries between the official's right to privacy and the public's right to know,to optimize the form and manner of disclosure of property information,and to establish an effective mechanism of confidentiality,supervision and relief.