Research On The Legal Protection Of Minors’ Privacy In China

The right to privacy of minors is different from the general right to privacy,and the right to privacy of minors has its unique properties.This uniqueness determines that the right to privacy of minors differs from that of adults in terms of the connotation of rights and the path of protection.At present,the number of cases of infringement of minors’ privacy rights in China is increasing year by year,which has a negative impact on the formation and development of minors’ personality.China has been paying more attention to the rights and interests of minors in recent years,but the provisions on the right to privacy of minors in China’s current laws are still relatively scattered and have not formed a unified system.In judicial practice,there are difficulties in determining the elements of infringement of minors’ right to privacy and the lack of uniformity in the remedy path,thus bringing certain challenges to the protection of minors’ right to privacy.By drawing on the relevant legislation of civil law and common law systems,this paper proposes concrete suggestions for the determination of the rules on the protection of minors’ privacy and the improvement of the regulation of minors’ online privacy,based on the analysis of judicial practice cases.This paper is divided into four main parts.The first part defines the connotation of minors’ right to privacy based on the analysis of the uniqueness of minors’ right to privacy.This part first introduces the meaning,doctrinal controversy and scope of the right to privacy of minors,then analyzes the uniqueness of the right to privacy of minors and points out the difference between the right to privacy of minors and the general right to privacy.The second part analyzes the provisions of the right to privacy of minors in China in the constitution,civil law and other laws and the current judicial status,and points out the problems in the current legislation and judicial practice.And it responds to the improvement of minors’ right to privacy online in the context of the protection of minors’ right to privacy online.The third part examines the provisions of foreign legislation on the right to privacy of minors,analyzes the advantages and disadvantages of the legislation of civil law and common law countries on the basis of their legislation,and points out the inspiration of foreign legislative provisions to China’s legislation.China can improve the protection of minors’ right to privacy by enacting a special law on the protection of minors’ right to privacy or establishing a specialized agency,and strengthening the protection of minors’ right to privacy on the Internet.The fourth part is the legal improvement of the protection of minors’ privacy rights in China.Strengthen and improve the legislation on minors’ right to privacy,adhere to the principle of most favorable to minors,introduce the standard of reasonable doubt,divide the age stage to protect minors’ right to privacy,incorporate the public interest litigation system,and clarify the way to bear the responsibility of infringement;improve the regulation of minors’ online privacy,improve the provisions of minors’ online privacy,strengthen the consent system of guardians,and clarify the infringement of minors’ online privacy The government should also improve the regulation of minors’ online privacy,improve the provisions of minors’ online privacy,strengthen the consent system of guardians,clarify the compensation standard for infringement of minors’ online privacy,and make suggestions for the development of minors’ privacy.