夫妻间隐私权与知情权的冲突与规制——以第三者侵犯配偶权为切入点

Conflict and Regulation of Privacy and Right to Know between Husband and Wife

因第三者侵犯配偶权行为导致夫妻间隐私权与知情权的冲突,最重要的原因是无过错方配偶在夫妻间知情权行使过程中所选择行为方式是否恰当,证据取得是否合乎隐私权与知情权保护的相关规定。从夫妻间隐私权与知情权定义、性质出发,总结夫妻间隐私权与知情权的保护范围,通过对偷看对方信息、跟踪偷拍、捉奸三种夫妻间隐私权与知情权冲突现象的论述,提炼出因第三者侵犯配偶权导致夫妻间隐私权与知情权冲突的解决原则,更好地维护夫妻双方的人格权利,维护社会和家庭的和谐稳定。

The most important reason for the conflict between the right of privacy and the right to know between the husband and wife due to the violation of the right of spouse by the third party is whether the behavior of the no-fault spouse in the process of exercising the right to know between husband and wife is appropriate,and whether the way to obtain the evidence is against the relevant provisions on the protection of the right of privacy and the right to know.This paper intends to summarize the protection scope of privacy rights and the right to know between husband and wife from the definition and nature of the right to privacy and to know between husband and wife.This paper mainly investigates three phenomena between husband and wife:peeking at the information of other party,tracking and doing sneak shots,and catching adultery in the act.The discussion of the above phenomena of conflict of rights extracts the principle of solving the conflict between the right of privacy and the right to know between the husband and wife due to the violation of the right of spouse by the third party.And the principle better safeguards the personality rights of both husband and wife and maintains the harmony and stability of society and family.