On The Definition Of Privacy In Civil Law System

This paper is for discussion of what is the right to privacy and how to decide itthrough inspecting selection of law about practical privacy. Particularly, this article is divided to four parts. The first part is for inspection ofthe fundamental problem of the privacy. How to definite privacy? Research of practicalprivacy is necessary because the definition of the right to privacy means selection oflaw about practical privacy. The author is to find the character of the privacy.Determination of the value of the right to privacy is the other problem. The value of theright to privacy maintains the dignity of the human personality. In the second part, it discusses the meaning of the definition of the right to privacyto decide it. The definition of the right to privacy has fundamental meaning. The authordiscusses object and power and function of the right to privacy and finds theconception of the right to privacy. In the course of discussion of conception the authorhas pointed out essence of lawful privacy and the content of lawful right to privacy.But it needs judgment of particular cases to decide the right to privacy. The third part is about meaning of judgment of particular case to decide the rightto privacy. Morality makes the legal kindness and order became the boundary of thelaw protection of the right to privacy. This is the authority of the justices' creating law.In the decision of the right to privacy, case law has important function in thecontinental country. In the particular cases, justices balance the benefit consideration ofconcrete fact and find whether there is privacy to protect. The conception of the rightto privacy has leading meaning to particular cases in the theoretical aspect. This canhelp justices apart from the superficial phenomenon. In the same time throughaccumulation of cases, the extension of the right to privacy will appear. For the lackingof case law, it needs special legislation to decide the concrete right to privacy. In the fourth part, it reviews the Chinese decision system of the right to privacyand gives some pieces of advice.