我国公众人物隐私权的民事立法保护研究
发布时间：2018-09-10 11:19
【摘要】：随着社会经济的发展，人民生活水平不断提高，政治生活、娱乐八卦等已越来越受到人们的关注，公众人物这一概念便逐渐产生。公众人物因其自身身份特殊，人们对其隐私更有兴趣，更有好奇心，，常常被作为人们茶余饭后聊天消遣的对象，甚至成为媒体追求商业利益的筹码。如今，公众人物的隐私遭受新闻媒体肆无忌惮的曝光而引发争议的现象屡见不鲜，在公众知情权、新闻自由和舆论监督面前，公众人物隐私权似乎已被剥离。有观点说公众人物不该享有隐私权，也有观点说应该对其隐私权予以限制，而却很少有人谈及对其予以保护，似乎大家都忽略了这个问题。但作为自然人，即使其隐私权要受到公众知情权的约束，其依法仍应享有隐私权，以维护其人格尊严、人格利益。 本文正是在公众人物隐私权问题在理论、立法及实践中都成为热点问题，与其相关的侵权事件频频发生的大背景下，在对公众人物及其隐私权进行理论论述的基础上，探析我国目前的相关立法，并进一步指出其中的缺陷，再借鉴美国、德国和英国在这方面的有益经验后，提出了合理、有效地维护我国公众人物隐私权的完善方案。以祈深化认识和理解公众人物隐私权，加强对其的重视程度，并且促进与其相关的民事立法的完善。本文主要部分共划分成四章： 第一章：从公众人物这一概念的发展演变入手，结合其在我国发展的实际，揭示出公众人物的实质。然后对公众人物隐私权的界定标准进行重点论述，从而更好地把握其范围和特征。为第四章提出完善方案提供理论上的依据。 第二章：对我国公众人物隐私权的民事立法现状进行分析，揭露其中存在的诸多缺陷，包括立法存在缺失，立法相对滞后，未形成完善的法律体系等。给第四章提出完善方案提供法律上的依据。 第三章：对比探析美、德、英三国有关公众人物隐私权民事立法保护的状况，概括其中先进做法，并予以借鉴。为第四章提出完善方案提供经验上的依据。 第四章：对上述有关公众人物、公众人物隐私权的理论进行充分理解之后，正视我国目前立法中存在的问题和缺陷，同时借鉴国外有益经验，提出合理的立法保护方案，使我国公众人物隐私权的民事立法更完备，保护更合理。在立法上，采取直接立法模式，确认公众人物隐私权保护的基本原则、保护范围、责任承担，以实现对其进行合理、有效地维护。
[Abstract]:With the development of social economy and the improvement of people's living standard, people pay more and more attention to the political life and entertainment and gossip, so the concept of public figure has gradually come into being. Because of their special identity, public figures are more interested in their privacy and more curious. They are often used as the objects for people to chat after dinner, and even become chips for the media to pursue business interests. Nowadays, the privacy of public figures has been exposed unbridled by the news media and caused controversy. In the face of the public right to know, freedom of the press and public opinion supervision, the privacy of public figures seems to have been stripped. There are some opinions that public figures should not enjoy the right to privacy, others say that they should be restricted, but few people talk about protecting them, it seems that everyone has ignored this problem. But as a natural person, even if his right to privacy is restricted by the public's right to know, he should still enjoy the right to privacy in accordance with the law in order to safeguard his personal dignity and interests. This article is just in the public personage privacy question in the theory, the legislation and the practice all becomes the hot spot question, the related tort event frequently occurs under the big background, in carries on the theory elaboration to the public figure and its right of privacy on the basis of, This paper probes into the relevant legislation of our country at present, and further points out the defects therein, and then draws lessons from the beneficial experiences of the United States, Germany and Britain in this respect, and puts forward a perfect scheme to protect the privacy rights of public figures in our country reasonably and effectively. In order to deepen the understanding and understanding of the privacy of public figures, strengthen the degree of attention to it, and promote the improvement of civil legislation related to it. The main part of this paper is divided into four chapters: the first chapter: starting from the development and evolution of the concept of public figure, combined with the reality of its development in China, reveals the essence of public figure. Then the definition standard of public personage privacy is discussed in order to better grasp its scope and characteristics. It provides the theoretical basis for the fourth chapter to put forward the perfect scheme. The second chapter analyzes the current situation of the civil legislation on the privacy rights of public figures in China, and exposes many defects, including the absence of legislation, the relative lag of legislation, the lack of a perfect legal system, etc. To the fourth chapter to improve the program to provide the legal basis. Chapter three: compare and analyze the status of the civil legislation protection of the privacy right of public figures in America, Germany and Britain, summarize the advanced practices and draw lessons from them. It provides the experience basis for the fourth chapter to put forward the perfect plan. Chapter four: after fully understanding the above theories about public figures and public figures' privacy, we should face up to the problems and defects existing in our country's current legislation, and at the same time, draw lessons from the beneficial experience of foreign countries and put forward a reasonable legislative protection scheme. The civil legislation of privacy right of public figures in our country is more complete and more reasonable. In legislation, we adopt the direct legislative model to confirm the basic principle, scope and responsibility of the protection of the privacy of public figures, so as to realize the reasonable and effective maintenance of it.
【学位授予单位】：华东交通大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2234287
[Abstract]:With the development of social economy and the improvement of people's living standard, people pay more and more attention to the political life and entertainment and gossip, so the concept of public figure has gradually come into being. Because of their special identity, public figures are more interested in their privacy and more curious. They are often used as the objects for people to chat after dinner, and even become chips for the media to pursue business interests. Nowadays, the privacy of public figures has been exposed unbridled by the news media and caused controversy. In the face of the public right to know, freedom of the press and public opinion supervision, the privacy of public figures seems to have been stripped. There are some opinions that public figures should not enjoy the right to privacy, others say that they should be restricted, but few people talk about protecting them, it seems that everyone has ignored this problem. But as a natural person, even if his right to privacy is restricted by the public's right to know, he should still enjoy the right to privacy in accordance with the law in order to safeguard his personal dignity and interests. This article is just in the public personage privacy question in the theory, the legislation and the practice all becomes the hot spot question, the related tort event frequently occurs under the big background, in carries on the theory elaboration to the public figure and its right of privacy on the basis of, This paper probes into the relevant legislation of our country at present, and further points out the defects therein, and then draws lessons from the beneficial experiences of the United States, Germany and Britain in this respect, and puts forward a perfect scheme to protect the privacy rights of public figures in our country reasonably and effectively. In order to deepen the understanding and understanding of the privacy of public figures, strengthen the degree of attention to it, and promote the improvement of civil legislation related to it. The main part of this paper is divided into four chapters: the first chapter: starting from the development and evolution of the concept of public figure, combined with the reality of its development in China, reveals the essence of public figure. Then the definition standard of public personage privacy is discussed in order to better grasp its scope and characteristics. It provides the theoretical basis for the fourth chapter to put forward the perfect scheme. The second chapter analyzes the current situation of the civil legislation on the privacy rights of public figures in China, and exposes many defects, including the absence of legislation, the relative lag of legislation, the lack of a perfect legal system, etc. To the fourth chapter to improve the program to provide the legal basis. Chapter three: compare and analyze the status of the civil legislation protection of the privacy right of public figures in America, Germany and Britain, summarize the advanced practices and draw lessons from them. It provides the experience basis for the fourth chapter to put forward the perfect plan. Chapter four: after fully understanding the above theories about public figures and public figures' privacy, we should face up to the problems and defects existing in our country's current legislation, and at the same time, draw lessons from the beneficial experience of foreign countries and put forward a reasonable legislative protection scheme. The civil legislation of privacy right of public figures in our country is more complete and more reasonable. In legislation, we adopt the direct legislative model to confirm the basic principle, scope and responsibility of the protection of the privacy of public figures, so as to realize the reasonable and effective maintenance of it.
【学位授予单位】：华东交通大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关期刊论文 前1条
1 金鑫;;论我国隐私权的民法保护[J];法制博览(中旬刊);2013年02期
本文编号：2234287
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