隐私权概念何以必要

The Necessity of the Conception of Privacy Right

隐私权概念的模糊和复杂,导致理论上的许多批评和质疑。但是,否定和反对隐私权的论断,缺乏说服力。隐私权既与其他权利相区别,又以特定的隐私利益和隐私需求为基础,具有共同的权利基础。尽管无法完美地界定隐私权,但是作为一般人格权向具体人格权转化过程中形成的"一个中度抽象的名词",隐私权具有独特的作用领域和价值基础,不仅可能而且必要。

The ambiguity and complexity of the conception of privacy right has caused much theoretical criticism arid questioning. But, the denial and opposition of the conception of privacy right are not convincing enough. The privacy right both distinguishes itself from other rights, and takes the specific privacy benefit and demand as its common right foundation. Although it is impossible to perfectly define the conception of privacy right, privacy right, as ＂a moderately abstract noun＂ formed during the process from the general personality right to concrete personality right, has its unique function domain and value foundation, and is not only possible but also necessary.