Limitation And Protection Of Public Figures Privacy

The right of privacy is an important right of personality of citizens in many modern countries. All the countries of the right to privacy has given strict protection. In China’s legal system and judicial practice. we can find that the protection system of the right of privacy in our country is still not perfect,privacy protection system for this special group of public figures is very few. The right of privacy has existed as a parasitic right reputation right.At present, China’s legal protection of privacy is too indirect. Mostly on behalf of infringing the right of reputation to protect. The law of our country on the right to privacy of public figures, these concepts are not too clear definition. So in the judicial practice to protect the privacy of the public person is unable to start. There is a lack of appropriate norms and standards for the court to hear the case. The judge has more discretionary power, the personal value judgment of the judge is related to the trial.However, in reality, in the stage of the infringement of citizens’ privacy cases. Therefore, how to have nothing to do with the public interest of public figures privacy make better protection, the need to further improve the legislation.This paper mainly adopts the research methods of literature study method, case study method and comparative method etc. Make a definition of privacy and public figures, comparison of the privacy right of public figures and the right to privacy in general, analysis the protection and restriction of the right of privacy of public figures of the legal principle theory of law, thinning limit the scope of the privacy right of public figures, clear the reasons and basis for the protection of the privacy right of public figures, analysis of the current lack of academic research and legal system. Found in clear violation of the privacy of the public person’s behavior, including the scope, damage facts, subjective cognizance. According to the relevant provisions of the foreign legal system and judicial practice, in view of the present law on the protection of the privacy right of public figures, put forward to public figures privacy protection system construction proposal.The article is divided into three parts, for further discussion on the privacy right of public figures and the protection of the law.The first part, presents the concept of privacy, right of privacy and the privacy right of public figures. Arrangement the academic research status about these concepts at present. Make the comb of the concept of the right of privacy of public figures, and the right to privacy of public figures. Make comparison of the privacy right of public figures and the ordinary citizen’s right of privacy, analysis of the characteristics of the right to privacy of public figures.The second part analysis the reasons of public figures privacy restrictions, expounds specific provisions on the right to privacy of public figures and the protection of the domestic and International limited. By the European Union, France, Japan and America in some cases, analysis the understanding of foreign scholars for the privacy right of public figures and the protection of the limitation.The third part analysis in the process of dealing with violations of the privacy of public figures in the case of China.From the angle of the legal system and the level of public awareness. Concrete analysis the problems in the process of dealing with the violation of public figures privacy case.The forth part put forward its own proposals and ideas according to the foreign judicial practice. First is to define the concept of privacy, public figures, clarifying the scope of the right to privacy of public figures. Second is to improve the relevant legislation, the specific requirements of liability of violation of the privacy right of public figures, to accelerate the development of relevant laws. Third is the discretion of the judge in the course of the trial.Forth is to establish the corresponding exposure of the franchise system for different types of public figures. Fifth is to strengthen the media industry self-regulation.