Spouse The Right To Research And Privacy Conflict

The conflict between the spouse right and the right of privacy often occurs in non-mistake spouse towards his or her spouse's adulterous love affair seizes in the deceitful process. The reason that will have such conflict, the main reason will lie in the spouse right to exercise the way as well as the non-mistake spouse side to maintain own spouse rights and interests to obtain the evidence in the way. Our country new marriage law stipulated that between the husbands and wives has mutually the faithful duty. The faithful duty is a spouse right important content, but when a spouse side has the adulterous love affair, then without a doubt has violated it to spouse's faithful duty. But another one only then to maintain own spouse right, often will adopt certain way to gain the evidence, but in this will obtain the evidence in the process extremely to have the possibility to have the right of privacy and the spouse power conflict.The spouse right and the right of privacy conflict question derives in the real life a non-mistake spouse side to defend own legitimate rights and interests to adopt some such as inquiry telephone record, to read the diary, the track racket to record and so on "to seize the evidence which deceitful" the behavior obtains in the court whether the legitimate effective dispute question, obtain according to our country existing evidence act through such way the evidence is invalid, but in the judicial practice had judge to break through this stipulation, accepts to such evidence. In fact, as a result of the adulterous love affair behavior's confidentiality, requests non-mistake spouse adopts "uprightly and frank" way to obtain the evidence to maintain own legitimate spouse right is not realistic.The evidence potency question is the procedural law question.The author does not need to discuss the evidence the potency question. this article mainly carries on the discussion from the substantive law angle to the spouse right and the right of privacy conflict and the balance question.In this article the first chapter mainly elaborate the spouse right and the right of privacy right scope and also has the dispute adulterous love affair to its right infringement constitution as well as to the present theorists to advocate that the right of privacy the question has carried on the discussion. Only then has been clear about the right boundary, can carry on well to the abuse of authority recognized, but to encroaches upon the spouse right and right of privacy behavior recognizing, is helpful discusses between the spouse right and the right of privacy conflict question. This chapter first embarked from the spouse right's concept, elaborated the spouse right's nature, the characteristic and the scope, and to encroached upon the spouse right the behavior to make the detailed analysis, pointed out that encroached upon the spouse right the behavior belongs to the general abuse of authority, must conform to the general abuse of authority constitution important document, namely illegal activity, harm consequence, illegal activity and harm consequence causal relation as well as author's subjective mistake four important documents. The second section mainly elaborated the privacy scope, the right of privacy boundary and to its right infringement's constitution, according to the civil law basic principle, infringement right of privacy's behavior also belongs to the general abuse of authority. The third section separately has analyzed the adulterous love affair behavior nature thoroughly from moral and the legal angle, has obtained the adulterous love affair, although is one kind violates moral and ethics behavior but actually may advocate the right of privacy .The second chapter embarks from real life's difficult case, guides to the right conflict question jurisprudence ponder. The second section mainly has carried on the quite comprehensive analysis to the right conflict phenomenon's reason, pointed out the right conflict produces the reason mainly has the right to establish the harmony, in the right itself boundary fuzziness, the person instinct expansion instinct, the newborn right appearance and original right vanishing, resources reasons and so on finiteness, based on this and the multianalysis right of privacy conflict phenomenon's primary cause, afterward, has carried on the analysis to the right conflict's essence, pointed out that the right conflict question materially is the benefit conflict and the values conflict question. The third section elaborated the legal values of the spouse right faithful duty and the right of privacy separately, pointed out that the spouse right faithful duty has mainly represented in the humanity conjugal family relations just value, but the protection has maintained individual freedom, society's order and person's dignity value to the right of privacy.The right conflict's resolution mainly has two ways :the legislation and the judicial. But regardless of being the legislator before the right conflict occurs carries on the disposition to the right, judge after the right conflict produces utilizes decides after deliberation the right conflict resolution freely, the author thought that should be balanced between both from the following two aspects the conflict; first, considered from the benefit weight's angle; second, carries out official duties the foreword good vulgar angle of view to analyze. The third chapter mainly analyzes between the spouse right and the right of privacy conflict and the balance from these two aspects, finally obtains the conclusion that should first protect the spouse right, but this kind of protection also has the limit, namely to maintain oneself spouse rights and interests a spouse side,can use the evidence which obtains to maintain own legitimate rights and interests, but cannot disseminate willfully it, otherwise encroaches upon other people's right of privacy.