隐私权制度中的权利冲突

现代社会,隐私权日益成为一项重要的人格权。基于隐私权概念的不确定性和法律的局限性,隐私权与其他权利的冲突不可避免。解决的方式有立法和司法两种。其中司法中的利益衡量方法发挥着重要作用。从类型化研究来看,隐私权与表达自由的冲突主要通过司法途径解决,而隐私权与知情权的冲突则主要通过立法途径解决。

The collision of the rights about the right of privacy

In modern society the right of privacy treasured more and more along with the increase of consciousness of individual right.The right of privacy may have collisions with other rights,and the problem is inevitable because of the uncertainty of the scope of the benefit and the realization of the right.There are two solutions to the collision: legislation and judicatory.Most times,It is wise to turn to the balancing of the interest to make the decision.In practice there are lots of conflicts between the right of privacy and other legal interests,so we should harmonize the relation and balance the interests of each party.At last the article discusses the collisions between the right of privacy and the freedom of express and the right to know.