Research On The Transfer Of Privacy Rights To The Right To Know Based On The Fidelity Obligation Of Spouse

With the improvement of people’s consciousness of rights,individual privacy has been placed in a very important position,and the country has introduced laws to give necessary relief measures to the behavior of violating individual privacy.And our civil code stipulates that husband and wife should be faithful to each other,which also means that husband and wife should enjoy a certain degree of right to know based on the duty of loyalty.In this special identity relationship,when one party violates the couple’s duty of loyalty,the other party will often use certain ways to obtain evidence in order to safeguard their legitimate informed rights and interests,such as inquiring communication records,peeking diaries,tracking and taking candid photos.In this process,the privacy of the other party will inevitably be violated,and the conflict between the two will occur.However,in the face of the conflict between the couple’s right to privacy and the right to know based on the couple’s duty of loyalty,there is a lack of corresponding legislative regulation and resolution measures,which leads to the occurrence of different judgments in the same case caused by judges’ discretion in judicial practice,which leads to the social discussion on this issue.As the complex of rights and obligations in the specific marital field,the marital loyalty duty is an important factor to maintain the stability of marriage and promote family harmony.Therefore,this paper aims to affirm that the couple’s right to know is generated based on the couple’s duty of loyalty,and through the specific analysis of the couple’s duty of loyalty and the couple’s privacy right,so as to clearly establish the superior position of the couple’s duty of loyalty in the field of marriage and family,and avoid the excessive protection of privacy right in judicial practice.In order to provide reference for judicial practice,the right of privacy of husband and wife is transferred to the right of knowing based on the duty of loyalty of husband and wife.This paper intends to discuss from five aspects the transfer of "couple’s right of privacy" to "right to know based on the couple’s duty of loyalty".The first part gives a brief overview of the marital duty of loyalty,privacy right and marital privacy right according to the current academic views,which provides necessary theoretical basis for the following discussion of the conflict between the marital right of privacy and the marital right to know based on the marital duty of loyalty and puts forward solutions.The second part is the judicial case analysis of the conflict between the couple’s right to privacy and the couple’s right to know based on the duty of loyalty.Through the case analysis,it is found that the conflicts between the two mainly focus on the conflicts caused by information theft,the conflicts caused by "private money",the conflicts caused by extramarital love,and the conflicts caused by the concealment of physical diseases.The legislative,judicial and legal reasons for the conflict between them are put forward.The third part is about the institutional value analysis of the transfer of the couple’s right to privacy based on the couple’s duty of loyalty to know.Part four provides reference for the research on the transfer of privacy right in our country by analyzing the legislation of the obligation of fidelity between the civil law system and the common law system.The fifth part is the idea of transferring the couple’s right of privacy to the right of knowing based on the couple’s duty of loyalty.First of all,it is necessary to create relevant legislation and construct the marital tort relief mechanism.The second is to reduce the difficulty of proof,clarify the rules of indirect evidence and reverse the burden of proof.Finally,from the perspective of law and principle,through the principle of public order and good custom and the principle of interest measurement,it provides a reasonable basis for the transfer of the couple’s privacy to the right to know based on the couple’s duty of loyalty.