Analysis Of Categorization In The Right Of Privacy From The Perspective Of Judicial Protection

As an abstract concept,the right of privacy is conducive to the protection of the emerging privacy interests,but its generality of connotation and uncertainty of extension result in the instability of the law application and difficult determination of tort liability,and such disadvantage is difficult to be solved in terms of legislation,legal practice and legal theory in a simple,unified and positive definition.The analysis of categorization can decide the protection scope of the right of privacy,distinguish specific types of the right of privacy and overcome the uncertainty disadvantage of privacy.On the basis of judicial cases and after making clear of the selection range of cases,this paper divides the right of privacy into the peace of private life,private secret and personal general information based on the object of right.In addition,it takes tort behavior and the subject of right as the standard to further divide inferior types and analyze the defining principle and tort liability specifically from the perspective of judicial protection.In this way,it may be of help to provide the basis of perfecting the privacy protection system in the legislation as well as provide the reference rules for judges to adjudicate cases of the right of privacy.This paper has four chapters in total:Chapter 1 mainly discusses the abstraction disadvantage of the right of privacy and the selection of the categorization analysis method,reasons the significance and theoretical basis of categorization analysis and then puts forward the classification standard of the right of privacy.Chapter 2,Chapter 3 and Chapter 4,based on the judicial cases and the above factors of categorization,discuss the specific types and typical forms of the right of privacy from the perspective of judicial protection and divide the right of privacy into the peace of private life,private secret and personal general information,with the object of right as the main standard.Chapter 2 makes a concrete analysis of the peace of private life object of the privacy right.In addition,it takes tortious behaviors of right as the pattern to further divide the tortious behaviors of the peace of private life into three types: harassing thenormal life of individuals,illegal invading of private space and improper monitoring of adjacent space.And it also analyzes the defining principle,defenses and tort liability specifically.Chapter 3 divides the private secret into personal secrets and secrets of family life based on the subject of right.In addition,it takes the object of right as the minor standard to further divide each type and discuss the protection range and their components specifically.Chapter 4 divides the personal general information into differentiated information,contact information,related information and financial information according to the different relations between information and the subject of right.And it lays out in detail the identification of the infringements in different types of judicial cases so as to establish the general rules of personal general information protection.