关于婚检中知情权与隐私权的思考

The Reflections on the Right of Knowing the Fact of Incident and Privacy Right of the Health Check up before Marriage

在我国,拟缔结婚姻关系的男女双方当事人必须接受婚检,这是新《婚姻登记条例》实施前的通例。而条例实施后,婚检在实践中由必选变为自选。但无论从法理还是从社会伦理的角度看,强制婚检都是必要的。首先,要求婚检正是《条例》有关条文的题中之义,同时,《条例》无权擅自改变其上位法所规定的强制婚检义务;其次,当知情权与隐私权发生冲突时,应以社会利益的最大化为原则,强调知情权而淡化隐私权。

In China,the two parties who were to get married must take a health checkup before marriage,which was the usual practice before the operation of the new Regulations on Martial Registration.But after operation,the checkup has been turned optional in practice.In the author's opinion,judging from the aspects of both legal principles and social ethics,it is necessary to take such a compulsory checkup.Firstly,the requirement of health checkup is just the essence of relevant clauses in the new Regulations and the Regulations could not change this duty provided by law of higher levels without authority.Secondly,when the right to learn the truth is in conflict with the right of privacy,we should take the maximization of social interest as a principle, emphasizing the former and ignoring the latter.