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Fundamental And Categorization Privacy In Public Domain

Posted on:2014-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:H YanFull Text:PDF
GTID:2256330395491248Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Privacy stops at the door outside" as the emperor terms of the privacy perched high above, privacy but as the science and technology revolution of geographical space limit break, the existence of the public space to private property and public law to protect the weak, in a public space for privacy violations become inevitable and normal. Theory and comparative law also raised doubts about the rules. This paper argues that the breakthrough of traditional "implicit" and "private" absolute limit, based on the privacy of the new development and change, as a public space as a starting point, to explore relationship between privacy and the privacy of the public space, abstracts of the privacy of the public space of three basic categories, namely, the illicit close sex of the unknown and known openness, private interest and public affairs of the public, the private affairs of private interest and public affairs of public welfare, and to clarify, discusses two major difficulties and make a correction of the standard, in order to "reasonable" objective correction very easily be out of the plight of the subjective conditions, with "highly offensive theory and justice correction" from the "reasonable" to "legal", from the boundary of fuzzy to the plight of huge potential risks. On this basis, this paper further in-depth discussion, typed for violations of the right to privacy of public space research, macro, creative open sharing features of public space as hierarchical classification system, discusses the right to privacy under the environment at the level of distinction and protection; On microscopic, abstracts the public space of four typical privacy infringement and analysis. Finally, put forward from two aspects of substantive and procedural restrictions on public space privacy, respectively expounds the public interests and the power of the power limit, established a relatively complete system of the right to privacy of public space, in order to direct the public space of privacy research to deeply and systematically.
Keywords/Search Tags:Privacy, Public space, Reasonable expectant benefit
PDF Full Text Request
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