Civil Law Protection Of The Spouses’ Right To Privacy

With the introduction of the Civil Code and the gradual increase in public awareness of rights,the importance of the right to privacy has become more and more prominent in the field of personality rights research,whereas in the past,research and discussion on the right to privacy has mainly focused on the field of public life,without considering the protection of the right to privacy in the field of marriage and family,thus limiting the development of the right to privacy of spouses.Although the right to privacy of spouses has attracted widespread interest in recent years,most of the research findings have focused on the conflict between the right to privacy of spouses and the rights of spouses and the right to information,and have not analysed in depth the new issues that have emerged in recent years during the implementation of the Civil Code,such as the determination of evidence in cases of marital infidelity and the conflict between the right to privacy and the right to health in voluntary marriage examinations.In terms of the protection of the right to privacy,there are dilemmas such as infringement being easier to commit,conflict of rights being stronger,and the infringement being easily mixed with moral and emotional evaluation.Therefore,it is important to discuss and improve the protection of the right to privacy of spouses in order to improve the content of the Civil Code and to harmonise national marital and family relations.This article analyses the concept and content of the right to privacy and the right to conjugal privacy,and draws the necessity of the protection of conjugal privacy.Through inductive and deductive reasoning,the paper firstly examines the types of individual privacy disputes between spouses based on case law,and analyses the conflict between the right to privacy and other rights in three cases,and concludes that the essence of the conflict of rights is the competition for interests.Secondly,through a summary of judicial decisions,it is found that in judicial practice,the majority of disputes concerning the joint privacy rights of spouses are related to the infringement of video surveillance in the area of the family home,which leads to the conclusion that information on access to the home and the activities of spouses in the area of the home should be regarded as a personal interest with a private nature and should be included in the scope of protection of the joint privacy rights of spouses.Finally,through comparative law,the protection models of the privacy rights of spouses in the UK,Germany,Italy and Japan are analysed,and whether they can be used as a reference for the future construction of civil law protection of the privacy rights of spouses in China.In terms of the principles of protection,the principles of public order and morality,the balance of interests and the prohibition of abuse of rights should be adhered to;in terms of the rules of remedy,the liability of stopping infringement,compensating damages and apologizing can be applied to the infringement of personal privacy between husband and wife,while the liability of removing obstruction and eliminating danger,which has the function of ex ante protection,can be applied to the infringement of joint privacy by third parties.