从隐私权看中西文化差异
2023-06-05 09:26:20
论文总字数:32446字
摘 要
当前随着国际社会交流的日益频繁,隐私问题却成为了阻碍中西跨文化交际的主要问题。隐私是一种社会现象存在于各个民族的文化中。由于文化的差异,中西方在隐私意识和解决方式的方面也存在很大的差异。
本文首先具体分析中西方在时间、空间、个人信息隐私方面的差异。在此基础上找出形成差异的根源是文化。最后提出可行性建议解决中西方之间的差异从而帮助人们进一步提高跨文化差异的能力。
关键词:中方;西方;文化差异;隐私权
Contents
1. Introduction 1
2. Literature Review 1
3. The Differences between Chinese and Western privacy 2
3.1 Time in privacy 3
3.2 Space in privacy 4
3.3 Personal information in privacy 5
4. Reasons for Differences between Chinese and Western privacy
——Cultural Differences 7
4.1 Western individualism 7
4.2 Chinese collectivism 9
5. Suggestions for dealing with gap between chinese and western privacy 11
5.1 Establishing a complete legal system 11
5.2 Organizing a specific cultural festival 12
6. Conclusion 12
Works Cited 14
1. Introduction
Professor, Gu Jiazu, believed that in Chinese no words can accurately express the meaning of privacy. In China, privacy means derogatory and selfish. However, the meaning of privacy is very rich in English. According to the Encyclopedia Britannica Library, Supreme Court Justice Louis Brandeis described privacy in 1890 as “the right to be left alone”. In Torts Law, privacy is a right not to be disturbed emotionally by conduct designed to subject the victim to great tensions by baring his intimate life and affairs to public view or by humiliating and annoying invasions of his solitude and the protection of individuals’ honor, reputation. Altman defined privacy as a selective control of access to self to one’s group. He thought that privacy can be divided into the privacy of individual and privacy of groups. Westin put forward four kinds of privacy: solitude, anonymity, reserve and intimacy. Academics Deng Yanchang and Liu Runqing believed that privacy had meaning of secret, private, alone and self.
Privacy is a pure personal affair that has nothing to do with public interests, group interests and prohibit others to interfere. It is also unnecessary to tell others about someone’s personal information in the field of life. Professor Wang Limin in his book personality right law said that the personal privacy is a natural person who has a right to control the personal information, private activity, private sector and has nothing to do with the public interest.
2. Literature Review
Zhou Hui pointed out four aspects differences of Chinese and western in privacy. They were etiquette, salary, space and age. The way of Chinese etiquette was enthusiastic and generous. Chinese thought that is a good way can express their mind. But in the eyes of westerners that is not a polite manner. Salary is a reflection of one"s ability in the west. In order to protect their safety westerners did not like to talk about money. In China, salary could be told to everybody because they thought it just a number. Westerners had a good sense of personal space. But, Chinese used to share everything with others and they did not realize the space was important for westerners. Age was a secret especially for women in the west. It is foolish for someone used age to measure others. Chinese people believed the symbol of older age was experience and knowledge.
Li Hongtao and Liu Lingling also found three different aspects of Chinese and Western in privacy. Topic, the Chinese people always talked something about their individual. Westerners were more willing to talk about something did not relate to them. Space, wall was the characteristic of Chinese culture. The family members could share space with others. Westerners did not allow strangers to enter freely because the space was privacy for them. People would keep a distance with strangers when westerners were shopping or by bus. However Chinese people did have this kind of consciousness.
In my opinion, there are many differences between Chinese and western in privacy. The main differences are existed in private time, private space and personal information privacy.
Tao Yan believed that the main reasons led to the differences between Chinese and Western privacy were different degrees, different emphasis and difference legal status. In the western countries, they had a specific legal protection of the privacy right. The privacy protection of china was an indirect and incomplete mode. Privacy was very important to westerners but Chinese people’s privacy was vague. In the west, they had complete privacy laws. But, China hadn’t it.
I don’t fully agree with tao’s point. I think caused the differences reason is because of the different culture. Owing to the culture, Chinese and western have different values of individualism and collectivism.
3. The Differences between Chinese and Western privacy
Westerners seek for “private”,so they have private trainers, private goods and private doctors. They entirely follow their mind and never take the limitations of time or place into consideration. In china, everyone has not “privacy”. The word private means selfishness.
Westerners have a strong concept of privacy and they also pay more attention to personal privacy. They do not like to share their personal affairs to others and do not like to be bothered. The topic of Chinese people involves age, address, work unit, income, marriage, family and faith etc. Westerners think that these issues are all privacy which is the invasion behavior of the right to the personal privacy.
We should avoid the following questions in the communication and cooperation with westerners. Such as: How old are you? What’s your income? How much did that trousers cost you? Are you married or single? Privacy of the specific differences reflected in the following three points.
Westerners seek for “private”,so they have private trainers, private goods and private doctors. They entirely follow their mind and never take the limitations of time or place into consideration. In china, everyone has not “privacy”. The word private means selfishness.
Westerners have a strong concept of privacy and they also pay more attention to personal privacy. They do not like to share their personal affairs to others and do not like to be bothered. The topic of Chinese people involves age, address, work unit, income, marriage, family and faith etc. Westerners think that these issues are all privacy which is the invasion behavior of the right to the personal privacy.
We should avoid the following questions in the communication and cooperation with westerners. Such as: How old are you? What’s your income? How much did that trousers cost you? Are you married or single? Privacy of the specific differences reflected in the following three points.
3.1 Time in privacy
The privacy time is a personal time. It can’t be easily disturbed or taken up by others.
In the west, if your boss asked you to work overtime that he would give the double compensation to you. But the premise is whether you agree or not to work overtime. If you refused to work the boss would not angry. In China, overtime the dumb man eating the bitter he had to suffer in silence. What is more, many companies do not provide the overtime pay and the staff must obey to their boss otherwise you should be ready to be fired. It is incredible for westerners that Chinese people spend personal time in working but can’t get some compensation. Although in recent years the awareness of employees for overtime pay is increasingly high,but the situation of unpaid still exists in China.
Now a lot of schools have foreign teachers in China. I found the biggest reason for foreign teachers popular with students is they do not drag the class. For foreign teacher the class is over when rang the bell. They never occupied the students’ personal time although the course was finished or not. I asked our teacher: “why don"t you take a little time to finish the course,you also save something in next class.”He answered me, in china I learned a sentence time is life. This class has 40 people, I do not have any rights or reasons to occupy and waste student’s life. However, Chinese teachers are opposite. They often take up the student’s privacy time and never feel guilty. I specifically interviewed with high school students what do you think about the teacher’s behavior? They said that they have no choice and just be accustomed to the teacher’s behavior.
If westerners invited their friends to a party or dinner they would notify each other in advance. In fact, they want to conform the time is convenient or not and also give more time to prepare. In China, the host would notify the others too. But this notice contains latent movement is the other party must be attend the dating even if the other party doesn"t have time. If the host did not notice in advance, westerners would think you are impolite and maybe refuse you. Complying with the time in international communication cannot be ignored too. If you were late, westerners would think you are not trustworthy and even have doubt the ability of your company.
3.2 Space in privacy
The private space is a personal space. It generally refers to the space where others people do not know the private space. Westerners said: “a man’s home is his castle”. It means a man’s home is sacrosanct and cannot be entered without the permission of the owner. Through one of my oversea friends Amy I learned that if you did not notify and went to visit your friend’s house, they would dislike your behavior even doubt your personality and maybe refuse to open the door in Western countries.
It would bring serious consequence if you wanted to break into house. It is possible for your intentionally behavior may bring contingency because the loose control of gun. Even if were invited, you also cannot rummage around the owner"s personal belongings. Without any permission it is also not polite for walking in the host house because the host would consider that you had bad purpose. The Chinese hospitality, there are no rules to notice in advance. The owner should serve well when guests came. If the host made a face about the guests everyone would think homeowners mind is very narrow.
Westerners are very protection of their personal space. Parents need to knock at the door before they entered into children’s room. It is a two-way mode, there is no seniority points and any person must respect others personal space. But it is unreliable for Chinese parents.
As more and more Chinese joint ventures, many Chinese staff found westerners’ office always closed. Westerners believe that the door was open means please come in and every passing people may see the office situation which is a violation behavior for them. Even the general staff, they are used to take a partition to separate them from others. In the elevator, westerners also would like to find their own field.
3.3 Personal information in privacy
Personal information privacy involves to age, domicile of origin, education, occupation, nationality, income, children, politics, religion and telephone number etc. In junior high school English textbooks, we learned the greeting way of Westerners is how are you? Hi or hello. British people are fond of talking about the weather with their friends and Americans will talk about the Administration’s political situation. All of them do not talk about their individual information. Westerners think privacy is a personal secret and they are not willing to share their own personal information with others. If they told secrets to others they would feel bad and ashamed.
“Hello” is the official language in China. It often used for people who are not familiar with or on the first date. Chinese people always used to ask have you eaten yet, where are you going to express their concern but Westerners cannot understand. For example, ask someone else to eat? Westerners will understand perhaps you want to invite him to dinner; ask people where to go? It is privacy for them so they never tell anyone. The biggest taboo is to ask someone the price of goods. Westerners believe that this is an assessment of their ability. Chinese people want to be an audience to listen to the story other people and would like to share all things with others. They thought this is a good chance for them to understand a people and be a good relationship. But in the west, is completely opposite.
The worst thing for Chinese students is that their parents talk about the learning and living with other parents. My mother used to talk about my learning with her friends. If I did not get a good grade in the exam today my mum would tell her friends. I think grade is my personal information so I have the right to decide whether or not to share it with others. Usually, I like keeping a diary. My mother often read my diary and she told me that there is no secret between us. I’m very so upset for this but I do not know how to communicate with her in privacy.
A few days ago at my internship place, an American man applied for an English teacher. I was surprised to find that in addition to the name, gender, phone, other content the boy just use secret to fill. To be honest I knew the age is a secret for westerners particularly women, but I was still shocked to the boy.
In China, many shops will encourage customers to apply for membership cards. ID cards or phone numbers can be used as card number, so a large number of customers in China have various store membership card. I interviewed 15 people and asked them do you think the membership card may disclose your personal information. They said: I never think about it. If I did not have card I would not get the discount. Also, it’s really convenient for us to use number as the membership number because strange number is not easy to remember.
Compared with other countries, China"s personal information privacy concept is particularly weak. American social security number SSN consists of nine digits, three parts, any personal information not included in SSN. Taiwan ID card number is A-9-9999999. The first is the place of issue, the second digits use 0 and 1 to distinguish the gender and the third to ninth for the serial number. ID card also does not contain personal information. In mainland china, ID consists of 18 numbers. The seventh to fourteenth is the holder’s date of birth and the parity of the 17th can distinguish the gender. However,ID number is widely used in travel, travel, accommodation, online shopping and other occasions, Personal information is leaked out inadvertently.
4. Reasons for Differences between Chinese and Western privacy
——Cultural Differences
We can say that the reasons for difference of Chinese and western differences in privacy is cultural differences. In the long history of the years, different countries and nationalities have their own culture. Different cultures embody in all aspects of life and influence the people’s thinking and values.
The important characteristic of western culture is the individual. Individualism is a moral, political, and social philosophy. They emphasized on individual value, individual development and personal freedom. They believed that personal interest is the most important factor as well as the “self independent virtue”, “personal independence”. Therefore, westerners have a good sense of privacy. Owing to the influence of Chinese traditional culture, Chinese people pay more attention to cooperation and mutual care. They are willing to understand others and also willing to share each other. They put a group as the center and emphasized the collective interests. So, the Chinese are collective values. In the public ownership as the mainstay of the economy, China insisted on collectivism as its core values. Because of the influence of Confucian culture the privacy of china has the directivity.
4.1 Western individualism
Individualism is originally derived from the French. Individualism is one of the important characteristics of Western culture. Individualism was defined as “advocate personal freedom of action and belief free theory”, including self motivation, self-determination, rely through one’s own efforts, respect for others, individual freedom and respect the privacy level. That is, an individual interest is the highest interest. The individual behavior completely controlled by the intrinsic ideas and subjective consciousness and emphasized the individual value and against the infringement of personal rights.
In English, “I” is always capitalized. The famous British soccer star Beckham is very popular in Chinese, but not any person knows his full name--David Beckham that is because of the Westerners habits. When they introduced themselves, they would like to put the name on the first. So it is the reason why the Chinese fans only can say stars name, but do not know the surname. These examples are the embodiment of the western individualism. Westerners pay more attention to equality .All man is equal. There is also equality between parents and children, such as: respect each other’s privacy, Children can directly call the parents’ names.
Western culture originated from the ancient Greek civilization. Traced back, sprout for personal glory heroes is the Western individualism value orientation of Homa in the epic. In ancient Greece, the individualism and individual interests, values and the concept of freedom had not been developed because the overall consciousness to occupy the dominant position. Plato, ancient Greek philosopher in Utopia he advocated to develop the holism values and denied the personal interest value. However, Plato made sure of the value of individualism in the law. Thinker Aristotle believed that “Everyone loves themselves and love is a kind of talent”, “Every person is his own best friend and should be more to love”. These are the original sources of individualism appeared.
In the period of ancient Greece and Rome, because the development of stoics system of natural law theory inspired the westerners try to understand the people, regardless of their real differences and try discovery themselves. Those promoted the westerners to pursuit the freedom and equality too. Therefore, it broke the ancient Greek in the concept of racial inequality, status, identity and promoted the development of western individualism. Western modern natural rights theory and social contract theory thought that people’s freedom and the natural rights from the natural authority. It is not a gift from the monarch and the state power originated from the assignment of the individual rights. Those mark a major breakthrough in the understanding of westerners of individual rights.
Most western countries are the capitalist country, capitalist economy based on private ownership economy. And the influence of the European Renaissance movement people advocated showing themselves, the pursuit of freedom and independence. With the development of capitalism, the protection of capitalist economic promote the rights of the respect on political, cultural, work and life.
Individualism and egoism are often confused, but in fact the individualism and egoism are not the same. The individualism is the classical liberal elements. In the process of the civilization of western society, individualism as a way of life, outlook on life and world view with integrity and universality, it constituted the basic way for westerners to grasp the relationship between people and the world and the existence of the state.
All in all, the emergence and development of Western individualism concept is enriched and deepened with the western knowledge about human essence constantly, the core value concept of western culture is the continuous accumulation and inheritance
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