On The Privacy Of Public Figures

From the perspective of Ding Cong's case,this article analyzes,defines,and supplements relevant content about public figures' privacy rights.It is mainly divided into the five parts as follow.The first part introduces the beginning and the end of Ding Cong's case.It focuses on the part of the judgment concerning the privacy of public figures and raises three questions.First,what are the concepts of public figures' privacy?Second,whether the privacy of public figures should be restricted.Third,what are the current situation,problems and causes of the privacy of public figures in China?Fourth,how to improve the protection of the privacy of Chinese public figures.In the second part,the author specifically discusses the concepts related to the privacy of public figures.It is mainly divided into three parts:First,it discusses the development and many doctrines about the right to privacy.The author integrated the theory of tranquility and information,and defined the right to privacy as meaning that no one can invade,open,use and distort others' privacy space,information,activities or influence others' life peace with unreasonable.Second,it is concerning the definition of public figures.The author has integrated the objective conditions which people can be famous easier today due to the development of science and the online broadcasting.The author proposed that public figures concept is people who are concerned and familiar with certain public and have a wide range of influence in society within a certain period and range.According to the characteristics of public figures,the author will classify them into:political public figures and social public figures.Third,it is concerning the concept and characteristics of the privacy of public figures.Based on the existing doctrine of the privacy of public figures,the author proposes that the right of privacy of public figures refers to that the natural person,who enjoys a certain degree of social visibility,should be respected for the right of the private and peaceful life which is nothing to do with social and group public interests.This right shall not be illegally invaded,spread,distorted or interfered without his consent.It also expounds the three characteristics of the privacy of public figures:First,the relativity of the subject.Second,the diversity of rights objects.Third,the difference in right content.The third chapter is about the theoretical disputes over the privacy of public figures.It is divided into two parts.In the first part,the author enumerates three categories of doctrines:public figures have no right to privacy;public figures enjoy complete privacy;public figures' privacy rights should be restricted.The author supports that the protection of public figures' privacy rights should be restricted for the following reasons:First,balancing the interests of public figures and the general public.Second,the need to safeguard the public interest.Third,satisfying the public's right to know.Fourth,the need for social supervision power.In the second part,the author discusses the classification and protection of the privacy of public figures,and clarifies how the privacy of public figures should be restricted.The fourth chapter is about the current situation and causes of privacy right protection of Chinese public figures.It is divided into two parts.In the first part,the author explains the protection status and problems of the privacy rights of the public figures in China through legislation,justice and society.In the second part,the author discusses the reasons for the current situation of the protection of public figures' privacy in China from three aspects:the inconsistencies between traditional Chinese private culture and contemporary concepts of privacy;lack of legal regulation and judicial guidance,the excessive discretion of judges;the highly developed network environment has exacerbated the disadvantaged position of public figures.The fifth chapter is the basic way to improve the legal protection of the privacy right of Chinese public figures.The author mainly discusses through the following four aspects:First,transforming some traditional concepts,people are supposed to establish some contemporary concepts that are in line with contemporary privacy categories.Second,building a scientific legal protection system.Third,promulgating judicial interpretations and guidance cases to limit judges' discretion.Fourth,the use of government administrative supervision functions to prevent infringements.