Dissertation On The Structural Framework On The Protection Of The Right Of Privacy China

This dissertation is a study on the structural framework on the protection of the right of privacy from the perspective of the public law and private law and find out the inter-relationship and the fundamental difference on the right of privacy between the public law and private law in our country. The study is based on the research of the status quo of the framework of both the public law and private law which are the foundations of the right of privacy. With reference to the precedent cases as well as by examining the related substantial and existing problems, explorations have been made to find out deficiencies on the protection of the right of privacy and the causes for the deficiencies. By analyzing and concluding the factual cases, suggestions were made in this dissertation to improve the framework of the protection of the right of privacy under the public law and private law in China. The belief in this dissertation is that when facing various violations against the main issue and subject of the protection of the right of privacy, there will be different legal claims and the substantial and comprehensive legal protection of the right of privacy, which could not rely on one single or a special legal field, is therefore required. As the legislation protection system regarding the right of privacy in the status quo has not yet been well developed in our country, it is particularly significant to coordinate between the public law and private law for the improvement and effectiveness of the legal protection for the right of privacy. In order to enhance the framework for the protection of the right of privacy to be more comprehensive, our country needs to realize and recognize the importance of the independence of the right of privacy by strengthening its legal status and power as well as making explicit clarifications on the related legal responsibilities.