论隐私权与知情权的冲突与平衡

Conflict and Balance between Right of Privacy and Right to Know

本文在界定隐私权和知情权概念的基础上,引出二者的区别,通过分析二者的冲突根源和表现形式,论述了解决二者冲突的原则及法律作出这种选择的深层原因,最后给出公民行使知情权侵害隐私权的构成要件及抗辩事由。

Privacy right and right to know are born conflictive. The conflict between them has never ceased. The cause comes from both the society and the law. The right to know puts a reasonable limit to the privacy right. This article discusses the conflicts and coordination between the privacy right and the right to know in order to find a kind of dynamic balance between these two rights.