论婚检中隐私权与知情权的冲突与解决途径

目前婚检过程中隐私权与知情权的冲突比较突出。建议修改婚姻登记及婚检程序,对不属于婚检内容的隐私权,要绝对保护;对属于婚检内容的隐私权,要履行善意保护原则,体检医院只对本人行使建议权、隐私一方当事人行使告诉权、婚姻登记机关行使审查权,以最大限度地避免婚检中隐私权与知情权的冲突。

Discuss on the Conflict Between Privacy Right and Knowing Right in the Marriage Examination and the Way of Solution

At present,in the course of marriage examination,the conflict between the privacy right and the knowing right has become prominent.The author proposed to amend marriage registry and the procedure of marriage examination,to protect absolutely the privacy right that doesn't belong to the content of marriage examination,obey the protection principle to the one which belongs to that content.And the hospital of physical examination performs the proposal right only to the examinated people;the marriage register office performs the examine right to avoid the conflict between the privacy right and the knowing right in a maximum degree.