公众人物隐私权与新闻自由冲突与权衡-法律·民商法学专业论文.docxVIP

IV IV value on the foundation of concept connotation analysis, namely restricting the public authority and consummating the democratic legal system, perfecting the human nature with self-realization, satisfying the public right to know. Simultaneously it has divided the types of the rights to know and built a solid rationale for the following article. Third part, the conflict between the privacy right of public figures and the press freedom. This part first carries on an discussion to the relations between the privacy right of public figures and the press freedom. Based on the characteristic of two rights, there is a unification of opposites and mutual limit relations between them. Thus it has caused the conflict between the two rights inevitability. Next, this article analyzed the reason which conflict formed from four aspects , the characteristic of right itself, the legislation flaw, the media malignant competition, the own contradiction of public figures. Finally, it enumerated three manifestation of the conflict through the case, namely the conflict between the privacy right of politics public figures and the right to know politics, the conflict between the voluntary privacy right of politics public figures and the right to know society, and the conflict between non- voluntary privacy right of public figures and the right to know society. Fourth part, the balance between the privacy right of public figures and the press freedom. This part first introduced and appraised three proposals to solve the conflict between these two rights, namely protecting the freedom of the press first, protecting the privacy right of public figures first and individual measure theory, as well as the existing rationality and the limitation of these three proposals. It advocates to use benefit balance to balance the conflict between the privacy right of public figures and the press freedom. Next, this article proposed we should follow four basic principles when balanced the