The Conflict And Balance Between Citizens Supervision Rights And Right To Privacy Of National Public Official In China

In the current anti-corruption political background,citizens frequently report cases of government officials' supervision and reporting.However,how to adopt legal supervision methods has caused common confusion among citizens:Reporting information obtained through legal means has no effect;if the information obtained is very effective,Probable means may have been illegal.Both the right to privacy and the right to supervision are fundamental rights granted to citizens by the Constitution,but due to the diversity of government officials' status,there is a fierce conflict of rights between the right to supervision and the right to privacy of government officials.Therefore,how to find a balance point legally,which not only satisfies the citizens'needs for democratic politics,but also maximizes the protection of the legitimate rights and interests of government officials has become a problem to be solved.The purpose of this article is to seek citizens to alleviate conflicts of supervisory powers and officials'privacy conflicts,how to draw on the successful experience of construction of a clean and honest administration,and how to give reasonable suggestions for balancing conflicts of rights on the basis of full consideration of China's current legislation and current situation.This article consists of foreword,body,and conclusion.The body is divided into three chapters:The first chapter is the analysis of citizen supervision.Through the overview of citizen's supervision power,the concept of citizen's supervision power is explained in detail.The power of supervision,as one of the most direct ways for citizens to exercise state power,plays an important role in promoting democratic politics and preventing corruption among public officials.The second chapter is an overview of the privacy rights of national public officials.It clarifies the privacy rights of national public officials from the perspectives of concepts,features,and scope limitations.Although the concept of privacy has existed in China for a long time,the development of this right to privacy as a foreign product is still slightly inadequate in China.The gap between legislation and the blurring of rights caused by the development of the times have become obstacles to privacy protection.The concept of rights and the development of blind thresholds for public officials in China,clarify the rights attributes of national public officials and the differences from the protection of ordinary citizens' privacy rights.The third chapter is the conflict between the right of citizen supervision and the privacy of government officials.This chapter is divided into three parts.The first part analyzes the typical case "Zhou of Public Security Bureau".The second part analyzes these social problems from the above-mentioned cases:the civic supervision right is easy to be abused,the citizens use supervision means easily to violate the law,the boundary of officials' privacy restrictions is not clear,and the legal protection of the civic supervision right and official privacy rights from the current law is insufficient.The third part analyzes the causes of these social problems from the essence:as an indispensable content of citizens,the right of supervision is the most effective supervision in the state power supervision system and one of the basic rights of citizens.The particularity of the identity of government officials makes it seem inevitable that the conflict between the right of citizen supervision and the right of privacy of government officialsThe fourth chapter is the institutional idea of balancing the right of supervision to the conflict of privacy.This chapter is divided into three parts.The first part draws on the experience of the privacy restrictions of foreign government officials.The second part is the legal principles to be followed,which are the principle of value judgment,the principle of measuring benefits,the principle of proportionality,and the principle of "actual malice".The third part puts forward a reasonable system concept for balancing the right to supervision and the right to privacy in light of China's actual situation.These include:the improvement of the right to privacy,the promulgation of the right to privacy of public official,the improvement of the system of declaration and disclosure of property by government officials,ensuring the effectiveness of civic supervision,and the education of integrity in primary schools.