The Conflict of Freedom of Press and The Right To Privacy－Focusing on Juvenile Crime Reports

• Main Authors: Shu-Fan Huang, 黃書凡
• Other Authors: Jen-mei fan jiang
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/09128157947722650817

碩士 === 銘傳大學 === 法律學系碩士班 === 102 === In modern democracy country, freedom of press always be considered a indicator of democracy. The good development of the freedom of press not only affected the right to know of people,but also influence people involved public affairs and create the public opinion. The most important effect is that supervise the government through the media. However,in Taiwan society which is repeatedly stressed the value of freedom of the press.Under the pressure of business competition,media usually infrigined upon people’s privacy. Especially in juvenile Crime reports, considering that they are immature,we need to protect the right of development to their full potential. Therefore,there are some restrictions on freedom of the press In Juvenile Accident Act,article 83 and The Protection of Children and Youths Welfare and Rights Act,article 69.Both of them exist some problem in practice. The thesis will reference foreign law,especially japan,to provide reference standard of judgment The thesis comprises six parts as followes： Chapter I is a preface,which illustrates the motives and methods of this research of this thesis. Chapter II talk over the definition of freedom of press and clarify the differences between freedom of press and freedom of speech. Then the thesis will advance it''s opinion about the content、breadth or the basis of Constitition Chapter III focuses on the meaning of privacy by arrange doctrine and judgement ,and try to recommend the content、breadth or the basis of the Constitution. Chapter IV introduce how to dealing with the conflict of freedom of press and the right to privacy through the law and examples of reports. Chapter V will discuss the relevance between juvenile crime reports and Personal Information Protection Act. talk over the right of development to juvenile full potential and introduce Japan''s court judgments、theory,to provide standard of judgment in Taiwan. Chapter VI will look back all opinions which the thesis present,and then summarize a brief conclusion.