Research On The Civil Legal Protection System Of The Right Of Privacy

The promulgation of the general principles of civil law has brought creative thoughts and opportunities to the research on privacy.In this article,the right to privacy is the core subject of this paper,attempting to clarify relevant theoretical disputes,improving judicial status and improving the civil legal system of privacy in China.This article mainly uses the textual analysis method,comparative method and empirical analysis method to construct the privacy right civil legal protection system by explaining the concept of privacy and the empirical cases of the civil protection of the right of privacy.This article draws lessons from the privacy protection modes of the United States and Germany,and analyses the draft of the civil code of different versions of our country.Through the proposed draft and the latest system of privacy in general provisions of the civil law,this paper put forward proposals for the construction of the legal protection of privacy in China’s civil code.The first part of this article is the explanation of the right to privacy,mainly through the analysis of the origin and development of the concept of the right to privacy,summing up the succession of the concept of privacy in our country,and explaining the connection and difference between the right of privacy and the right of personal information,and pointing out that there is a certain relationship and cross relationship between the right of privacy and the right of personal information,butthere are also different concepts and protection.The difference between the five aspects of the purpose is different.The second part is an empirical analysis of the civil legal protection of the right of privacy in our country.Through the empirical analysis,it points out that the cases of private rights in our country increases year by year,and the measures of infringement are increasingly diversified and the connotation of privacy is expanding,and there are five specific provisions lacking the right of privacy and the right of missing the right of personality.The third part is the investigation of the civil legal protection of the extraterritorial private rights.On the basis of comparing the civil legal protection of the right of privacy between the two countries,the article proposes to draw on the two experiences of direct protection of the right to privacy through the virtue and the establishment of the right of privacy as a basic right from the constitutional level.The fourth part is the construction of the privacy right system in the future civil code of China.It mainly examines the draft of our civil code and the proposed draft of the scholars and the system of privacy in the latest general principles of civil law,analyzes their strengths and shortcomings,and states that the construction of the legal system of privacy right in the future civil code should demarcate the right of privacy.There are five construction proposals: specific provisions and the establishment of the right to claim personality and etc.