The Coordination To Conflict Of The Right Of Privacy And The Right To Know In Knowledge-economy Era

In spite of the citizen right of privacy and right to know the legal protectionroblem, academia already had extensive, in-depth discussion, not fresh. This paperased on the era of knowledge-economy the rapid development of science andechnology, combined with the characteristics of the time of the two legal protectionnd conflict on the impact of the entry point to ponder. This paper is focus on theight of privacy and right to know the two conflict analysis, with period draw lessonsrom foreign legislation and judicial practice on the basis of experience, combinedith China’s legislative and judicial situation, for our country balance andoordination between the two conflicts in the legislation and the judicial practicemprovements to provide some ideas and enlightenment. Believe in the right ofrivacy and right to know the conflict between the growing knowledge of thenformation age, this paper has certain positive significance.The article mainly from three parts, the main contents are as follows:The first part elaborated intellectual economy times of the right of privacy andight to know. The era of knowledge-economy era is characterized by theevelopment of science and technology is swift and violent, democraticonsciousness and the concept of legal system, enhancing information acquisitionfficiency so that the right to know are met at the same time easy to cause impact toitizen right of privacy, right of privacy and right to know the expanding conflict.herefore, the right of privacy and right to know the protection and restriction on thealance of the urgent requirements of theoretical research and judicial practice of newreakthrough new starting point; the traditional right of privacy and right to know isntroduced in order to clear the right of privacy and right to know the basic meaningnd a summary of the era of knowledge-economy privacy changes, main body in theollowing points:1,The popularity of the network privacy right to promote the nature of change.2,Privacy rights subject to change.3,Privacy rights objects change.Especially the network information with the coding and spread, make the citizenaccess to information more quick, convenient, at the same time the concept ofdemocracy and legal system is increasingly win support among the people, all thecitizens’ right to know the expansion provides basis and conditions; the right to knowof the new development, in order to explain the right to know in the era ofknowledge-economy expansion has strong technical support and value basis.The second part, introduced the era of knowledge-economy the conflict betweenright of privacy and right to know. This part mainly from two aspects: on the onehand is the era of knowledge-economy the right of privacy and knowing conflict form,mainly have the following several points:1,The general public knowledge power andstate officials privacy conflicts.2,National administrations and management betweenright of privacy and right to know in the conflict.3,Public community right to knowand the public figures privacy conflicts.4,Person personal information right to knowand the others privacy of conflict in.5,Between spouse right of privacy and right toknow the special conflict;6,Knowing right of media and public privacy conflictsbetween employers and employees.7,The right of privacy and right to know.Conflict.8person retains the right of commercial secret and the right to be informed ofthe conflict. on the other hand is the right to privacy and informed consent rightconflict appeared new characteristic, mainly reflected in the following aspects:1,The use of high-tech exacerbated by the right of privacy and knowingconflict.2,Businesses in the privacy and the right to know the restriction of conflict tomaximize profits.3,State government become the right of privacy and knowing thefocus of conflict.4,On the basis of law seemingly legitimate behavior objectivelyimpair public privacy.The third part is the focus of the article, mainly introduced the era ofknowledge-economy privacy right and informed consent right conflict balance andcoordination. The question is put in order to solve the problem, before two partscontent, put forward the right to information and privacy of conflict betweenceaseless aggravate, balance and coordination of the conflict of the two very urgent.Therefore, the third part is the main content of the balance and coordination of the conflict. The first part from the first angle for the coordination between the twoconflicts with relatively reasonable legal basis, and proposed the coordinated twoconflicts of the principles to be followed. Then, the article introduces foreign to thebalance and coordination of the right to know and the right to privacy legislation andjudicial practice and experience. Mainly from the countries of the right of privacy andright to know the basic protection of constitution, criminal law, legal protection, aswell as the special legislative protection of the experience and shortage are introduced.Combined with foreign legislation and the judicial situation, the author put forwardon our balance and coordination of the right of privacy and knowing the conflictbetween the legislative and judicial suggestions. Specifically, the legislation of ourcountry can be from three aspects: the Constitution clearly improved in privacy andright to know; strengthen departments law on the right of privacy and knowing thelegislative protection of integration, and strive to make all kinds of department laweffectively, form a complete protection of the whole, so that the coordination ofprivacy and the right to know the law conflict can be closely coordinated; the right ofprivacy and knowing conflicting principles embodied in legislation. In judicialpractice, the author put forward the following suggestions: to coordinate the privacyand the right to know the basic principles for the theoretical basis and theMacro-guidance; with the existing law as the criterion and correct application of thelaw; judicial personnel to improve the privacy and the right to know the right contentknowledge to enhance the professional level.It is indicated in this paper about the legal person ’s right of privacy and right toknow between conflict and coordination problems, the theory also exists controversy,the author puts forward some immature view only the author’s own thinking. Due tothe author’s knowledge, this article will have many deficiencies, but I will continue tostudy,the coordination aspects of the conflict of privacy and the right to know to playthe role of a graduate student.