The Changes Of Privacy View In The Rule Of Law Construction In China

Legal concepts and legal systems play an important role in the internal mechanism of the operation of social systems.To explore the relationship between legal concepts and legal systems must target observable institutionalized actions.The interaction between concept and system runs through the entire process of the Rule of Law Construction in China.Starting from the change of privacy concept and privacy protection system,the law of interaction between legal concept and legal system can be probed.Privacy has experienced a growth process from being denied to being affirmed,from legal interests to rights,and from personal affairs to corporate pursuits in China.Under the theoretical framework of the interaction between legal concept and legal system,the concept of privacy and the protection of privacy show obvious periodic characteristics.In the stage of privacy as the legal interest of reputation right,the transition of the concept of privacy makes the protection of reputation right become the most suitable legal protection system for the concept of privacy.In the stage of privacy as an independent personality right,the change from private affairs to privacy has spawned a practical demand to establish a privacy protection system.Entering a new stage of development,the formation of the concept of data privacy and the improvement of privacy protection by the personal information protection system also reflect the renewal of the concept of privacy in the digital society.The interaction between the concept of privacy and the legal system is particularly significant at this stage.The interactive practice of privacy concept and legal system follows the law of interaction between legal concept and legal system.That is,the legal concept formed under the previous legal system can positively or negatively affect the construction process of the new legal system,and the system can react to the public legal judgments and value choices,thereby promoting the maturity of legal concept.However,the influence of concept and system on each is not always positive in the process of interaction.In the face of the resistance of development,it is important to understand the development of local legal concepts,pay attention to social factors,and adjust the legal system in a timely manner to acquire prerequisites for the benign interaction.Only in this way can the interaction between legal concept and legal system achieve an ideal state.