Privacy Tort Type Research

What the right to privacy protects is the spiritual benefit of natural person. As one kind of right type, the right to privacy appeared later within the development of the right to personality, so judiciary protection for it went through a very long time. With the development of social productivity, human society is trending civilization; social relationship is becoming complicated day by day; the range of the privacy is expanding unceasingly; the viewpoint on the privacy is going into a further step; the content of the privacy which extends all aspects of the personal life and product is becoming more and more plentiful. As the uninterrupted growth of the social economic and the modernization and diversity of the media, people more hope to reserve their own private room, which lead to that people cherish the chance of living alone and run after self-independent right more than before. Although the right to privacy hasn't been treated as an independent right to personality in our legislation at present, perfecting legislation of right to privacy infringement is not only the need of rule of law in our country but also the need of realizing citizen's fundamental right. Due to different region and nationality, natural person's viewpoint on privacy varies in different environment. So while designing the concrete system of right to privacy, we shall respect our country's actual condition and consider public viewpoint on privacy sufficiently which can be treated as the bases on determining the range of privacy.This paper begins with the analysis of basic theory on privacy, compares and draws lessons from relative legal protection pattern of foreign country, so we classify the right to privacy from pattern on the bases of discriminating basic concept of privacy and right to privacy. At last, according to the analysis above, we bright forward some suggestion to perfect the future legal system of right to privacy combined with the present draft of Tort Law in our country.This paper is composed by four sections. In the first section theory on protecting right to privacy is discussed. Through analyzing every theory on privacy and right to privacy in home and aboard and discussing the boundary and tribute of privacy and the range, nature and object of right to privacy, we draw the conclusion that privacy shall be divided into factual privacy and legal privacy because of the effect of traditional moral comers. Privacy is one kind of information essentially. The privacy in the law is one's own personal information which is not related with public interest but one person is reluctant to disclose and let others know, or others are not convenient to know. The object of privacy is one kind of spiritual benefit. The range of the right to privacy is the legal right every citizen enjoys to decide one's own private activity, private information, and private affairs which are not related with public interest and not to be infringed illegally by others. Privacy is the carrier of spiritual personality benefit which is protected by the right to privacy. The right to privacy is the right to control his own privacy freely.In section two, comparative research on the protection of right to privacy is discussed. The development of modem science and technology provide material convenience for the privacy infringement, so the protection for the privacy is becoming more and more important. Through comparing the codification pattern of civil law system with the case law tradition of Anglo-American legal systems and studying the tort law of privacy in the typical civil law system country and Anglo-American legal systems country, we follow that although the codification of civil law system can simplify legislation and have the adequate containing nature to give judge the right to judge free, but it can't resolve the legislation miscellaneousness and the lagging nature of law; however the tort pattern in case law of Anglo-American legal systems has great flexibility and is continent for public to know law, but it lose summarization and common serviceability which is not good for saving judiciary cost. At present every country is strengthening the protection of right to privacy. As a member of civil law system country, we shall base on codification research combined with judicial experience and draw lessons from research on tort pattern research of Anglo-American legal systems to define the content of the right to privacy in order to ascertain special action by analogy. We can define the principle and exception of the right to privacy infringement concretely by using the method of listing and summarizing. In the view of this, we suggest increasing one general regulation at last tort pattern clause such as "other the right to privacy infringement" which can ascertain the action to infringe privacy and right to privacy by the method of contra-proving. Only by doing this, we can make privacy and right to privacy from being infringed.In section three the pattern of right to privacy infringement is discussed. We take some example to explain the expanding of the privacy extension and new form of tight to privacy infringement because of the development of science and technology and draw lessons form different viewpoint on the pattern of right to privacy to classify right to privacy by using the pattern composed by "the way of action" and "object". Firstly, to classify the pattern of privacy object, we divide privacy into personality information, property information and act information according to the attribute of the privacy concert, through doing which to ascertain the way of action and explain concrete form of some common privacy information infringement. At last, we divide right to privacy into three kinds as follow: defecting, collecting, disclosing, propagating or misusing other's privacy information such as personality information, properly information and act information and so on; infringing one's private space, keeping watch on or monitoring other's activity; getting or using one's personal information which one is reluctant to disclose or one is controlling on his own willingness through other methods.In section four, it improves the system of protecting right to privacy. In our present law legal pattern is composed by "action pattern and legal liability" through which we can summarize the pattern of tight to privacy infringement. After listing all right to privacy infringement clearly stipulated in our present law, and combined with new classification according to the research on tort pattern and by analyzing relative concrete regulations in three draft of Tort Law, we find some fault in realization of privacy and right to privacy and classification of right to privacy infringement in different degree and aspect. In the view of this situation, we bring forward some suggestion to perfect the law of right to privacy protection and strengthen the protection of vulnerable group's right to privacy and online privacy in the privacy legislation, and at the same time, we can't forget the infringement from government's power. By doing thus, we can protect public right to privacy on the maximal degree. At last, we discuss why some right to privacy infringement is not illegal. While protecting right to privacy effectively in order to prevent abusing right to privacy, we can think some right to privacy infringement is not illegal form five aspects as follows: the right to know; express liberty; freedom of the press; legitimate business or legal dignity behavior; self-abandoned behavior; other's fault or irresistible force.