On Family Member's Right To Privacy

The basic problems of privacy and the right to privacy have been the heated and arguing topics in our legal field. Even thought they have been discussed in many works and essays, the relevant problems to the common privacy, particularly the family privacy and as well as the conflicts and enforcement of family member's right to privacy are out of our attention. Family is the place that privacy generates, develops, and mixes up; family is also the location that the right to privacy stimulates conflicts and represents them. It is the complicated, sensitive and significant problems of privacy existing in our family that we should carry out special researches in them. The author, in this dissertation, exerts herself to explore the legal protection of family member's right to privacy aiming at stimulating people's interests and further research in this special field.The dissertation has 4 parts which includes introduction and body. The introduction part mainly introduces the new problems in present research in privacy , and clarifies the significance of the research in the family member's right to privacy.Part One analyzes privacy and the right to privacy. There is no definite conclusion on the definition and coverage of privacy and the right to privacy in nowadays. Accordingly this dissertation, firstly sets its foot on the concept of privacy and points out that the death and minor are also subjects of the right. Secondly, it compares and has a comment on the present 4 main viewpoints of privacy theories in order to reveal the jurisprudential basis of the existence of the right to privacy—personal dignity. Finally it offers us a clear understanding on the concept and feature of the right to privacy which constitutes the conceptual foundation for the dissertation analysis.Part Two defines the family member's right to privacy. First, the dissertation points out the nature of a family and the coverage of the family members. Second, it defines the family member's right to privacy. It holds that family cannot be the subject of family member's right to privacy which consists of two parts, that is, family common privacy and the individual privacy . Family common privacy is regarded as one type of the common privacy and only exists one right to privacy shared by all of the family members. Family common privacy falls into different categories based on different criterions.Part Three mainly focuses on the conflicts between family member's right to privacy and their balancing principles. This part is also the highlight of the dissertation. Compared with the individual right to privacy , the family member's right to privacy is more complicated, which embraces 2 types, that is, family common privacy and individual privacy. So the author manifests her view from the following 3 aspects: First, it reveals and discusses the rights' conflicts between family members. Second, it analyzes the conflicts between family member's right to privacy and the right to know of other persons. Third puts forward some harmonious principles of conflicts .In this part it mainly discusses the causes , the nature as well as the harmonious principles of conflicts between family member's right to privacy and other basic personal rights, such as the spouse right, the guardian right and the right to know.Part Four focus on the protection on family member's right to privacy in China .By comparing and analyzing the articles relating to the family member's right to privacy , the dissertation sums up the strengths and weaknesses of our four Civil Code Drafts and also presents several suggestions of improving the protections on family member's right to privacy in China.