名誉权和隐私权的法学思考

鉴于隐私权在理论上不成熟，在实践中常与名誉权混同，本从客体特征、主体范围、侵害方式及责任承担四个方面，围绕两的主要区别进行学入的比较分析研究。从外国立法先例、立法的目的和理由以及隐私权的的性质和特征，论证隐私权与名誉权不同，只有公民才是隐私权的主体；指出隐私作为隐私权客体与名誉权客体名誉区别突出体现在隐私的个人性和秘密性；通过司法实践中真实的案例分析，阐明侵害名誉权与侵害隐私权在行为特征和行为

Jurisprudential Reflections on the Rights of Reputation and Privacy

With regard to the theoretical immaturity of the right of privacy and its confusion with the right of reputation in practice, this article deals with a deep comparative analsis and study of major differences between the rights of reputation and privacy involving four aspects of object characteristics, subject scope, infringement modes and responsibility assumption. On the respects of overseas precedents of legislature, the purposes and reasons of legislature as well as the nature and characteristics concerning the privacy right, this paper also demonstrates that only citizens are the subjects of the privacy right. The author points out that the privacy difference between the subject of privacy right and subject of reputation right is prominently expressed in the individual and secrete nature of privacy. The writer clarifies the significant difference of behavior feature and consequence between the infringement of reputation right and that of privacy right, by means of analysis of actual cases in the judicial practice. This paper stresses that the mode of responsibility assumption in the infringement of reputation right specified by the China's Civil Law is not always suitable for the remedies of privacy right.