Dissertation > Excellent graduate degree dissertation topics show

Transnational Protection of Personality Privacy

Author: XuZuo
Tutor: YuanFaQiang
School: East China University of Political Science
Course: International law
Keywords: Personality Privacy Court of competent jurisdiction Application of the law The recognition and enforcement of judgments
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 85
Quote: 0
Read: Download Dissertation

Abstract

The history of the development of privacy and is not too long, first proposed the problem of privacy protection since 1890, Warren and Brandies privacy protection as more people are concerned about countries has gradually through various forms of privacy protect the privacy of protected areas gradually from the first portrait, name and the right to protection of personality rights gradually expand to other areas, the United States is trying to privacy to protect the right of women to have abortions. Academia separate study of cross-border protection of privacy is still relatively small, especially for multinational protection of privacy law applies, and the recognition and enforcement of lack of research, making the court in the judicial practice in the face of reality not know where to begin. simply follow the case of practice makes the efficiency of the judiciary has been hampered by the lack of case finishing. In addition, this study for the application of the law and the drafting of relevant legislation, as well as foreign, and even the judicial practice in China will also play a certain recommendations for clarification of the Court has been equivocal on this issue should not control. This paper is divided into four parts, starting from the meaning of privacy makes a distinction between its epitaxy is the focus of this study privacy, so the focus of this study divided from a huge privacy content. Subsequent analysis based on the practice this positioning Privacy affected by transnational violations in a court of competent jurisdiction, the applicable law, and the judgment on the Recognition and Enforcement of. Finally, based on the actual situation of China's domestic law and conflict of laws, raised Suggestions personality to privacy in our development. The first part of the general description of foreign privacy, which limited the range of this study privacy and other rights case, to avoid confusion, Learn more about all the provisions of the right to privacy; second part begins private international law point of view, on the basis of the analysis in of countries conflicts of law provisions understanding and national cross-border privacy infringement case, summarized the countries of the third part of how to determine jurisdiction on foreign privacy infringement case; mainly from national legislative provisions starting in the introduction of planning the application of the law of the country on the basis of the legal rules applying to other countries' privacy infringement cases; fourth part analyzes the problems faced by the recognition and enforcement of judgments in transnational privacy infringement cases and their causes, and finally from the national fundamental law and put forward several proposals on the basis of the common law.

Transnational Protection of Personality Privacy

Abstract

Related Dissertations