Right To Financial Privacy Legal System

Since American jurists first put forward the fight of privacy in 1890, the fight of privacy has gradually received people's universal attention and all over the world's affirmation and protection.However,the right of privacy protection is extreme lacking in our country,which can not achieve by far people's request.The existing related right of privacy legislation can not satisfy the society need to develop.Specially the recent years,with the advance of information technology,development of network technology and frequent occurrence of infringement of client's fight of privacy, people's request for the range and type of the fight of privacy protection is continuously increasing,which causes traditional right of privacy to face the new challenge.Under such circumstance,a new question,infringement of the right of financial privacy,has arisen.The right of financial privacy,which was developed from traditional right of privacy,is a new kind of the right of privacy.It makes the fight of financial privacy extremely easy receive the infringement in commercial explosion today that the fight of financial privacy breaks through the content which traditional fight of privacy has not property nature.On the contrary,there is not one unified and definite concept and norm of the right of financial privacy so far in our country.The reason lies in lacking the affirmation of legal position of the right of financial privacy and ignoring value analysis and necessity analysis of the right of financial privacy protection and thus causes vague content and insufficient strength of the right of financial privacy.This paper includes four chapters.Chapter one is introduction of the right of privacy and the right of financial privacy.This chapter has introduced the implication and content of the right of financial privacy, analyzed legal character and feature of the right of financial privacy which has not only personal right character but also property right character,and then compared with other related concepts.Chapter two is value analysis and necessity analysis of the right of financial privacy protection.This chapter has analyzed the value of the right of financial privacy protection and analyzed the necessity of the fight of financial privacy protection through four aspect's discussions.Chapter three is comparison and reference of foreign and overseas legislations of the fight of financial privacy protection.This chapter has introduced the related legislations of the right of financial privacy in U.S.A,European Union,and Switzerland, compared with the above three countries' legislations,and put forward five aspects which are worth using for reference.Chapter four is advices about constructing Chinese legislation of the fight of financial privacy.This chapter has analyzed legal present situation in our country,pointed out the disadvantages of current legal system,used the foreign and overseas legislations of the fight of financial privacy for reference,and at last put forward some advices about constructing Chinese legislation of the right of financial privacy unified with our country's concrete conditions.