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现行隐私权法律制度,没有全面揭示学生隐私权的特殊性。侵犯学生隐私权的损害后果,仅限于精神损害赔偿,使得侵权行为成本过低。同时,由于对教育培养目标认识的模糊甚至错位,使得学生隐私权和教师教育权的冲突不能很好地协调。基于对教育法制体系的整体审视,拓展民法关于侵权的视域,我们提出:以学生的发展权为最高价值目标,学生隐私权和教师教育权在保障各自底限的基础上实行克减。
The current legal system of privacy does not fully reveal the particularity of student privacy. The consequences of infringing the privacy rights of students are limited to compensation for moral damages, which makes the cost of infringement too low. At the same time, due to the obscure or even misplaced understanding of education and training objectives, the conflicts between student privacy and teacher education can not be well coordinated. Based on the overall examination of the legal system of education and the expansion of the scope of civil law on infringement, we propose that the right to development of students be the highest value goal, and the rights of students ’privacy and teachers’ education should be derogated on the basis of guaranteeing their respective limits.