The Conflict And Balance Between The Spouse’s Privacy Right And The Right To Know

Data information age of the rapid development of the present,on the one hand,close the distance between people,on the other hand also make more and more attention to personal personality rights,effective protection,especially in today’s personal and social information frequent interaction,under the background,citizens pay more attention to the protection of privacy,even the existence of the relationship between husband and wife can not block the exercise of personal privacy,the resulting conflict between spouse privacy and the right to know.By analyzing the frequent cases of privacy infringement between spouses in judicial practice,this paper puts forward the thinking of whether to restrict the personal privacy right of spouses,and takes this as the starting point to go deep into the essence of the privacy right and the right to know between spouses.First is by clarifying the nature of the privacy between spouses is still a spouse personal personality rights,belonging to personality rights,and the right to know is the important embodiment of spouse relatives identity right,so this paper discusses the limitation of privacy between spouses mainly around this kind of marriage and family under the background of the balance of personality rights and right of identity need to expand.Secondly,through the typed analysis of cases,it is pointed out that the current judicial judgment deals with the conflict between the spouse’s personality right and the identity right,which leads to the coexistence of the result of the judgment machinery and uncertainty.The main reason is to ignore the essential requirements of the marriage relationship behind the spouse’s right to know.The ethical community attribute of marriage relationship requires that the exercise of privacy between spouses should be limited to a certain extent,and the protection boundary of privacy between spouses should be based on the practical needs of husband and wife living together.Finally,this paper,based on the above analysis of the present situation of the nature of rights,perfect the applicable principle of rights conflict,namely abandon the traditional rank comparison principle in the field of marriage and family continue mechanical use,promoting the comprehensive use of rights coordination choice,and distinguish the more concrete referee,further refine the criteria of privacy infringement between spouses,avoid the excessive protection of privacy between spouses and destroy the important basis of marriage.In exploring the balance path to solve the conflict between the right to know,we should see the more complex ethical and moral background in the field of marriage and family,and pay attention to the special way of coordination and contradiction among family members,so as to realize the integration and balance between legal order and ethical order.