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Minors Privacy Protection and Guardianship of the Conflict and Balance

Author: WangQing
Tutor: ChenJia
School: Hebei University
Course: Civil and Commercial Law
Keywords: Privacy Privacy of Minors Guardianship
CLC: D922.183
Type: Master's thesis
Year: 2010
Downloads: 284
Quote: 3
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Abstract

In our country, minors as a kind of special groups, their right to privacy has often been the school, family and social indifference. The law itself is not complete right of the exercise of their rights has also led to the boundaries are not clear, it is important for the conflicts caused by the right. In this paper, the characteristics of minors, privacy violations, composition and form, in the common law and civil law systems on protection of minors on the basis of comparison and reference made to coordinate the protection of minors and guardianship system of privacy.This paper is divided into four parts:The first part, the concept of starting from the clear, right to privacy, right to privacy of minors and minors who do explore the guardianship system, defining the scope of the right to privacy of minors, and minors, privacy and general privacy features were compared.The second part focuses on minors, privacy protection and guardianship of harmony and conflict, that there are not only opposite, there is harmony and unity in the face, and analyzes the privacy and custody of minors and the law conflict, the performance Reason: a minor extent in the privacy of all ages are different, but the law only referred to it as "a minor’s right to privacy", in different stages of the Privacy Ke Yi is the level of intervention is not clear; the minor’s parents and range of other guardians guardianship is not the same, but the law does not require the distinction between them. In the event of a conflict of two rights would be difficult to determine the limits of the exercise of their rights. In addition, when children’s privacy is violated by the guardian, legal representative of the plaintiff as the guardian of the party, the accused party is also the guardian of the law does not require such a situation can arise from other people bringing lawsuits, lack of law also contributed to an important reason why the right to resolve conflict.The third section describes the characteristics of Two Schools of guardianship system, as well as in the protection of minors, privacy, and to assess the work done by.The fourth part on the analysis of privacy laws to protect minors based on the legislative status quo, against the second part the conflicts referred to proposed solutions for legal reasons: the age of minors in accordance with the different stages, clearly all Privacy phase boundaries; distinction between parents and the general guardian of the custody; provided by the conflict between the rights of minors and other close relatives or legal representatives for adult protection agencies to support prosecution. This is where the innovation of this article. The complete supporting measures to strengthen the rule of law is mainly propaganda to establish a minor sense of privacy protection; additional specialized minors Privacy Protection Commission; and a minor privacy violations more severe.

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