The Research Of The Right To Privacy In Public Space

With the development of science and technology,we have extensive access to information and gain convenience in storage and analysis.However,the contradiction between publicity and privacy becomes increasingly acute."Privacy stops at the door outside" as a rule no longer applies to the contemporary society.Privacy also exists in public space.What's the definition of privacy? And what's the definition of public space? The problem about how to ease the conflicts between publicity and privacy needs urgent resolution.From the point of changes and development of privacy,this paper explores manifestation of privacy in different types of public space and tries to find the fundamental cause between publicity and privacy.Through analyzing the protection mode of privacy in public space from countries outside,the model of legislation and the model of self-regulation help us to fully understand the current law on protection of privacy and the corresponding legal design.All of this advanced experience provides us with valuable references for improving legislative and judicial circumstances.As for the problem about how to protect the privacy in public space,the best solution is to define the identification criterion of the violation of the right to privacy in public space.From the perspective of state organ and non-state organ,the paper analyzes monitoring behavior and propagation behavior respectively to afford the right to privacy in public space maximum protection.Besides preface and epilogue,this paper is divided into five chapters.The first chapter "the summary of privacy and public space" defines the conceptions of privacy and public space.Through the analysis of the development of privacy,public space is divided into four types----purely personal public space,quasi-personal public space,semi-open public space and completely public space.The second chapter "the contradiction between publicity and privacy" analyzes the fundamental cause between publicity and privacy.This chapter draws a conclusion that the conflict between monitoring and propagation by state organ or non-state organ and privacy is the fundamental causes.The third chapter "the abroad protection mode of privacy in public space" introduces the model of legislation in America,Germany and France and the model of self-regulation in Japan,Taiwan and Hong Kong.This chapter provides our country with valuable references for improving the protection of privacy in public space.The forth chapter "current situation and problems about the protection of privacy in public space" analyzes the current legislative status and judicial practice.On legislation,we are lack of unified law,thorough information management system and relieving system.In judicature,the protection of judiciary authorities is too weak and the identification of public space is hard to unify.The fifth chapter " consummate the identification criterion of the violation of the right to privacy in public space ",from a perspective of state organ and non-state organ,based on four types of public space puts forward the identification criterion of monitoring and propagation respectively.