The Conflict And Coordination Between Spouses' Right To Privacy And Spouses' Right To Know

Rights to privacy and rights to information is a pair of conflicting rights, it not only appear in the public domain but also in the family domain, and they also exist between husband and wife, and because of marital status between husband and wife makes this particular privacy becoming extremely complicated. Because of the existence of special status, between spouses should have a right to know, so the conflict between the right of privacy and the right to know should be coordinated respectively under the premise of different situations, and at the premise of the equal protection of rights and equitable principles.This article is divided into three parts; it discusses the conflicts between spouses on privacy and right to information and related issues coordination.The first part, we should definite of the spouses on privacy and right to know. The first set of this part talks about the basis of the right on privacy and right to know- the rights of spouse. Husband and wife's rights and obligations in marriage are carried around the rights of spouse. Rights to know can be generated and asked for because of the rights of spouse, some the right on privacy will make concessions because of the rights of spouse, that is to say, the rights of spouse are the very roots of the conflicts on the right on privacy and right to know between husband and wife, but also the very key of balancing and controlling the right on privacy and right to information.This section I detail the marital right to privacy and right to know the definition of the problem. Marital privacy and the privacy of the general is the same in essence, is to protect the citizens (husband and wife) the private life of freedom and peace, is a citizen (husband and wife) the protection of personal life and free from interference. Define the principles of privacy between spouses and the basis is a prerequisite for the recognition of privacy, the right of spouses to couples measure of privacy appropriate restrictions. In short, all involving the common interests of the other spouse or family, between husband and wife no longer a matter of personal privacy. Marital right to information can be divided into personal property right to know and worth right to know, between husband and wife on the faithful spouses and claims involving the common interests of marriage between spouses enjoy the right to know. Between spouses may violate the right to know the spouse in the case of interest, not abuse. Discussed in this article between spouses right to information and privacy is in contradiction of the right to development, and both should be subject to legal protection, but protection is not unlimited, right to know the expansion of space should be limited to the exercise of the boundaries of privacy, and vice versa.The second part, spouse conflict between privacy and the right to know. In this section, the author of conflict from the perspective of the right to proceed, lead to the conflict of marriage between spouses' privacy and right to know. This part of the article the author expounds five phenomenons for spouses' conflict between privacy and the right to know.First, the conflict caused by their own money. In this conflict, in two cases: one for the husband or the wife have all of the assets of one person, husband or wife have full control over the party, the other party can not claim to know the basis to call for or explanation; The second is the common property of husband and wife, the other party is entitled to know whether some of its concealment, then one can not be hidden privacy as a defense for an explanation in hiding, the other should be based on family income and expenditure of the specific circumstances given the necessary entertainment expenses can not be so used to deprive the other party the right to matrimonial property.Second, the conflict caused by extramarital affairs. Today's society, extramarital affairs frequent phenomenon, in divorce cases, because a high proportion of extramarital affairs lead to divorce, and increasing year by year. Extramarital affair would seriously endanger the normal marriage relationship between husband and wife, the family interests for the common cause serious harm, and would have a party without fault caused deep emotional harm. Therefore, I believe that extramarital affairs issues within the family must not be considered a personal matter, but the survival of the entire family of "official." Therefore, when either the extramarital affair, the innocent party in order to protect the interests of, its right to take appropriate means to collect evidence (including photographs, track, peep the letter) but the evidence collected can only be used for legitimate purposes can not go around preaching, or, on the other constitute a violation of privacy.Third, the conflict caused by the interaction with the opposite sex. Relations in today's society, people have a rich emotional life, marriage and love is not feeling all the people, friendship also occupies a prominent position. In my opinion, marital relations, make the opposite sex if the party can grasp the sense of proportion, the degree of control friends within the scope of friendship, which should belong to the scope of personal privacy, not to the other party fully informed of the obligations, the other side without the right to inform the other party the right to know the basis of the request; but if the party exchanges with the opposite sex beyond the extent of the limits of friendship, love of the factors involved, when the exchange interaction can not be identified as one of personal privacy, but rather should be included in the scope of the spouses the right to know, contact the party can not contest the grounds of privacy.Forth, the conflicts caused by privacy of individuals' pre-marital. In my opinion, marital privacy, unless prohibited by law provisions on marriage, the other should belong to the scope of individual privacy, the couples have no right to any party the right to know the reason for requesting spouses tell each other person before marriage relevant content, should the unreasonable demands, would constitute an invasion of privacy.Fifth, the conflict caused by the concealment of infectious diseases. From the common interests of family members with infectious diseases can not be classified into one of the spouses of personal privacy among family members have the right to exercise their right to know its contents. However, after a party in the exercise of the right to know, that has a duty of confidentiality can not be known to spread the content, otherwise, would constitute an invasion of privacy, and this is after one spouse has a right to know the exercise of a the most basic obligation.The third part talks about the coordination principles of conflicts between the spouses on privacy and right to know. In this part, the author is analyzing from the rank of angles of the jurisprudence, combined with Professor Zhang Xinbao's concept of "coordination principles of rights", and divided this principle into four small principles. First, the principles should fit for laws and regulations and public order and good morals. When the conflicts between the spouses on privacy and the right to know, first of all, should examine the rights and the operations to see if they both meet the legal regulations and public order or good morals. If one party violated the legal regulations and public order or good morals, while the other is legitimate exercising of the right, at this time we should give priority to consider the rights of legitimate exercised one; if both of them all meet the legal regulations and public order or good morals, or neither of them meets the legal regulations and public order or good morals, at this time we should ask for other principles to deal with the problems. Second, balancing interests principles. The principles of balancing interests, are analyzing and comparing the two itself conflict rights, trying to find a way to minimize the cost and to get the most interests to deal with the conflict, and realize the society's maximum benefits. When dealing with the conflicts between spouses about the right of privacy and the right to know, we should combine surface interests with potential benefits, not only to analyze the underlying interests, but also consider the negative impact of interest. Third, we should consider human dignity principles. Dealing with the conflicts between spouses on the right of privacy and the right to know, must be based on respect for human dignity as preconditions. Coordination between spouses on the right of privacy and the right to information, the principle of human dignity should be considered at the first place, when one of them can not exercise their right on the way to hurt the dignity of the other, but also not have the purpose to hurt the dignity of the other, exercise their rights on this way will not be protected by law. Fourth, principle of privacy should be considered first. Dealing with the conflicts between spouses on the right of privacy and the right to know, we should make out if there is marital privacy, whether review the content of disputation is within the scope of the right to privacy, make sure in the context of clearly identified as privacy and at the basis to protect, and then recognized between husband and wife to determine whether the operation of the right to information is reasonable, taken into account in this way would be more beneficial to the interests of both spouses, neither will make the proper exercise of the right to information be ignored, nor does it protect the privacy of state of vacuum.