夫妻间隐私权保护法律问题研究
发布时间：2018-07-14 21:31
【摘要】：隐私权作为一项最基本的人格权,是每个人都平等享有的,隐私权是近代才被提出的一个法学概念,存在的时间并不是很久,但是各国相关法律发展的速度却是十分惊人的,各个国家对隐私权都有了不同程度的保护。而我国也对隐私权进行了法律保护,但是却没有作为一项专门的法律进行规制,其中在宪法中提到了隐私权的保护,在侵权责任法中第二条保护民事权益当中包括了隐私权,民法中关于人格权的保护也包括了隐私权,其他法律没有对隐私权的保护做更多的解释。家庭作为传统意义中最基本的单位,特别是夫妻间作为最亲近的关系,受到婚姻法配偶权中忠诚义务的影响,一直以来,传统观念认为夫妻之间是不存在隐私权的,所以夫妻间的隐私权一直被夫妻间的忠诚义务所覆盖,产生了很多社会问题,本文希望通过对夫妻间隐私权相关的案例的分析,从实践的角度加上理论的剖析,对夫妻间的隐私权的保护进行探讨,明确夫妻间忠诚义务和隐私权的关系,为解决夫妻间关于隐私权的问题提供一种思路。本文的第一部分列举了两个不同的关于夫妻间隐私权的司法判例,通过对夫妻间隐私权不同情况的分析,确定隐私权在夫妻间的地位,并且以案例为指引,提出案例中存在的问题,以便下文可以对相关问题进行理论的论述和解释,进一步明确夫妻间忠诚义务和隐私权的关系。本文的第二部分从理论的角度界定了隐私和隐私权的概念,从法理学的角度明确夫妻间是应该存在隐私权的,对夫妻间隐私权的保护做出进一步的判断,主要从夫妻间个人的身体健康情况,夫妻间的财产状况,夫妻间的通讯秘密以及夫妻间个人领域的事物。从分类学的角度界定夫妻间隐私权的类型,主要包括夫妻间个人隐私和夫妻共同隐私,做好基础理论工作。本文的第三部分集中表述了夫妻间隐私权与其他权利的冲突原理进行分析,主要以夫妻间知情权为对象,整理了夫妻间知情权的概念以及其基本理论,针对夫妻间知情权以及隐私权分别进行了总结和整理,并且对夫妻间隐私权和关于通讯秘密知情权和身体状况知情权之冲突做了分析,并且提出相应的协调方案。本文的第四部分通过对一些发达国家关于隐私权以及夫妻间隐私权确立和发展历程的整理和论述,希望借鉴到部分发达国家关于隐私权的一些理论和制度,对构建和完善我国相关法律制度提供一些可行之路。本文的第五部分主要是针对司法案例、媒体实例中提到的一些问题以及理论分析中提出的一些建议进行综合汇总,提出关于夫妻间隐私权保护的相关制度的构建,从不同的角度对夫妻间隐私权进行规范,从理论和实践的双重角度提出一些保护夫妻间隐私权的具体建议,对夫妻间隐私权的保护进行详尽的制度构建。
[Abstract]:The right to privacy, as the most basic right of personality, is enjoyed equally by everyone. The right to privacy is a legal concept that has been put forward in modern times, and it has not existed for a long time, but the speed of the development of relevant laws in various countries is very striking. The right to privacy has been protected to varying degrees in various countries. Our country also carries on the legal protection to the right of privacy, but does not have as a special law carries on the regulation, among them mentioned the right of privacy protection in the constitution, in the tort liability law the second protection civil rights and interests included the right of privacy, The protection of personality rights in civil law also includes the right to privacy, other laws do not explain the protection of privacy. The family, as the most basic unit in the traditional sense, especially the relationship between husband and wife, is influenced by the loyalty obligation in the spouse right of the Marriage Law. Therefore, the right of privacy between husband and wife has been covered by the loyalty obligation between husband and wife, which has caused many social problems. This paper hopes to analyze the cases related to the right to privacy between husband and wife, and to add theoretical analysis from the perspective of practice. This paper probes into the protection of the right of privacy between husband and wife, clarifies the relationship between the obligation of loyalty and the right of privacy between husband and wife, and provides a way to solve the problem of privacy between husband and wife. The first part of this paper lists two different judicial precedents on the right to privacy between husband and wife. Through the analysis of the different circumstances of the right of privacy between husband and wife, it determines the status of the right of privacy between husband and wife, and takes the case as the guide. The problems in the case are put forward so that the related problems can be discussed and explained theoretically, and the relationship between the loyalty obligation and the right of privacy between husband and wife can be further clarified. The second part of this paper defines the concepts of privacy and privacy from a theoretical point of view, defines the right of privacy between husband and wife from the perspective of jurisprudence, and makes a further judgment on the protection of privacy between husband and wife. Mainly from the couple's personal health, marital property status, husband and wife's communication secrets, and the couple's personal field of affairs. This paper defines the types of privacy between husband and wife from the perspective of taxonomy, including personal privacy and common privacy of husband and wife, and does a good job in basic theory. The third part of this paper focuses on the analysis of the conflict principle between the right to privacy and other rights between husband and wife, mainly taking the right to know between husband and wife as the object, sorting out the concept of the right to know between husband and wife and its basic theory. This paper summarizes and arranges the right to know and the right to privacy between husband and wife, and analyzes the conflict between the right to privacy and the right to know about the secret communication and the right to know about the state of the body, and puts forward the corresponding coordination scheme. In the fourth part of this paper, the author tries to draw lessons from some theories and systems of privacy in some developed countries by arranging and discussing the establishment and development of the right to privacy in some developed countries, as well as the establishment and development of the right of privacy between husband and wife. To construct and perfect our country relevant legal system to provide some feasible way. The fifth part of this paper mainly aims at the judicial cases, some problems mentioned in the media examples and some suggestions put forward in the theoretical analysis, and puts forward the construction of the relevant system on the protection of the right to privacy between husband and wife. From different angles to regulate the right of privacy between husband and wife, from the perspective of theory and practice to put forward some specific suggestions to protect the right of privacy between husband and wife, and to build a detailed system for the protection of the right of privacy between husband and wife.
【学位授予单位】：河南师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
[Abstract]:The right to privacy, as the most basic right of personality, is enjoyed equally by everyone. The right to privacy is a legal concept that has been put forward in modern times, and it has not existed for a long time, but the speed of the development of relevant laws in various countries is very striking. The right to privacy has been protected to varying degrees in various countries. Our country also carries on the legal protection to the right of privacy, but does not have as a special law carries on the regulation, among them mentioned the right of privacy protection in the constitution, in the tort liability law the second protection civil rights and interests included the right of privacy, The protection of personality rights in civil law also includes the right to privacy, other laws do not explain the protection of privacy. The family, as the most basic unit in the traditional sense, especially the relationship between husband and wife, is influenced by the loyalty obligation in the spouse right of the Marriage Law. Therefore, the right of privacy between husband and wife has been covered by the loyalty obligation between husband and wife, which has caused many social problems. This paper hopes to analyze the cases related to the right to privacy between husband and wife, and to add theoretical analysis from the perspective of practice. This paper probes into the protection of the right of privacy between husband and wife, clarifies the relationship between the obligation of loyalty and the right of privacy between husband and wife, and provides a way to solve the problem of privacy between husband and wife. The first part of this paper lists two different judicial precedents on the right to privacy between husband and wife. Through the analysis of the different circumstances of the right of privacy between husband and wife, it determines the status of the right of privacy between husband and wife, and takes the case as the guide. The problems in the case are put forward so that the related problems can be discussed and explained theoretically, and the relationship between the loyalty obligation and the right of privacy between husband and wife can be further clarified. The second part of this paper defines the concepts of privacy and privacy from a theoretical point of view, defines the right of privacy between husband and wife from the perspective of jurisprudence, and makes a further judgment on the protection of privacy between husband and wife. Mainly from the couple's personal health, marital property status, husband and wife's communication secrets, and the couple's personal field of affairs. This paper defines the types of privacy between husband and wife from the perspective of taxonomy, including personal privacy and common privacy of husband and wife, and does a good job in basic theory. The third part of this paper focuses on the analysis of the conflict principle between the right to privacy and other rights between husband and wife, mainly taking the right to know between husband and wife as the object, sorting out the concept of the right to know between husband and wife and its basic theory. This paper summarizes and arranges the right to know and the right to privacy between husband and wife, and analyzes the conflict between the right to privacy and the right to know about the secret communication and the right to know about the state of the body, and puts forward the corresponding coordination scheme. In the fourth part of this paper, the author tries to draw lessons from some theories and systems of privacy in some developed countries by arranging and discussing the establishment and development of the right to privacy in some developed countries, as well as the establishment and development of the right of privacy between husband and wife. To construct and perfect our country relevant legal system to provide some feasible way. The fifth part of this paper mainly aims at the judicial cases, some problems mentioned in the media examples and some suggestions put forward in the theoretical analysis, and puts forward the construction of the relevant system on the protection of the right to privacy between husband and wife. From different angles to regulate the right of privacy between husband and wife, from the perspective of theory and practice to put forward some specific suggestions to protect the right of privacy between husband and wife, and to build a detailed system for the protection of the right of privacy between husband and wife.
【学位授予单位】：河南师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
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