The Discussion Of Legal Verge Of The Public Right To Know And The Civil Servant's Right Of Privacy

The right to know and the right of privacy are all belong to the fundamental rights of a natural person while are all belong to citizen's basic civil rights. But in practice these kind of rights are often in conflict .In essence, the conflict of the two rights mainly exist between the right to know in the field of public law and the right of privacy in the field of civil law, while between the right to know and the right of privacy in the field of civil law .The conflict of the public right to know and the civil servant's right of privacy belongs to the former. it can be established in the legal verge of the two rights and in the realization of fundamental human rights protection, while reducing the conflict in practice only after to clarify and define the essence of the conflict .This paper namely carefully look into the conflict between the right to know and the right of privacy again,and bring up the method and the principle to be establishment of the legal verge between the public right to know and the civil servant's right of privacy, and search for the measures of the solution to the conflict between the public right to know and the civil servant's right of privacy in our country actively, put forward the related proposal, perfect the legal regime of the protection of the public right to know and the civil servant's right of privacy in our country.Started by studying the theory of right of privacy and right to know, in addition to the preface and conclusions,The paper is divided into four parts for the legal verge of the public right to know and the civil servant's right of privacy to launch.Chapter one first carried on to comb out the history of the right to know and the right of privacy. The next author defines the two rights as the right to know and the right of privacy in the public law domain as well as in the civil law domain.Chapter two first discussed the performance and the scope of the conflict on the right to know and the right of privacy. Secondly it points out the conflict of the public right to know and the civil servant's right of privacy exists between the public law domain and the civil law domain, is the conflict of the public right and the civil right. Chapter three discussed the restrictions on the right, how to establish the legal verge of the public right to know and the civil servant's right of privacy, as well as the six fundamental principles on the legal verge of the public right to know and the civil servant's right of privacy, and discussed on the conflict of the right to know and of privacy about "the diary gate" of the director.Chapter four draw up analysis on the current legislation of the public right to know and the civil servant's right of privacy in our country, and make an improvement on the protection suggestion of the public right to know and the civil servant's right of privacy.