Research On The Protection Of Privacy In The Context Of The Civil Code

Based on the needs of the times for privacy protection,privacy came into being.Today,privacy protection has become a major issue in various countries.However,the development of a high-demand right based on abstract personality and subjective psychology has not brought universal results to the major issue of countries.The latest development of privacy system in China is that the ’ Civil Code ’ defines the scope and concept of privacy.Throughout the history of the development of China ’s privacy system,although the legislators ’ attempts in the " Civil Code " have made some breakthroughs,they are still theoretically questioned by vague connotations and unclear boundaries.The introduction of the " Personal Information Protection Law " emphasizes the protection mode of privacy and personal information rights in the " Civil Code." The vague application rules have caused the academic community to reflect on the protection modes and rules of the two,especially in practice.It is difficult to highlight the due value of the independent application of rights.The lack of unity of subjective and objective elements of privacy rules in the Civil Code and the conflict with the application of personal information protection rules point to the origin of rights.Influenced by the privacy theory of Warren Brandeis ’ s era,and combined with the privacy protection mode of Anglo-American law system and continental law system,China ’s privacy right is full of dynamics and instability.At the same time,the data age has also given privacy a new content,which makes it more difficult for the current legislation to deal with the new problems arising from the new connotation of privacy.In order to improve the protection ability of privacy right in the era of civil code and alleviate the increasingly acute contradiction between the development of the times and the protection of citizens ’ privacy,we should first trace the origin of personality right based on the traditional civil law theory,and explore a clear track of privacy protection rules in civil code in combination with the origin and development of privacy right.Secondly,combined with the operation of the current law in judicial practice,on the basis of clarifying the crux of the rules it presents,refine and improve the criteria of the elements,and get rid of the practical dilemma.Thirdly,by examining the characteristics and experiences of the two legal systems and countries that have achieved good results in privacy protection,this paper explores and refines what can be extracted.