Research On Constitutional Protection Of The Right Of Privacy

This article mainly includes the foreword, text and conclusion these three major parts. In the foreword part, the author main introduced simply the article selected topic basis, conducts the right of privacy constitution protection research in our country the need to study and research significance, and explained the major research methods in this article. The text is divided into four parts, the main contents of each part is as follows:Part I:An overview of the privacy protected by the constitution. First definition of the right of privacy constitution protection, next analysed the foundation of the constitution protection of the right of privacy, also based on this explained of its necessity and limitations. In defining the right of privacy by the constitution protection,the author explains the definition of the right of privacy at first; next think that the right of privacy being constitution right has mark of broad and narrow sense by the each kind of definition and the fundamental values of the right of privacy; finally introduced integrant part of the right of privacy by the constitution right simplely. In the part of the foundation of the constitution protection of the right of privacy, through the disscussion of Conde's thought's and the western culture, especially the construction of the rule in Germany after the World Warâ…¡, thought that dignity of human personality is not only the right of privacy essential connotation but also he foundation of the constitution protection of the right of privacy. In the part of the necessity and limitations, the author explained the limitations of the civil law's protecetion of privacy and the necessity of privacy proteced by the constitution first by the difference of the constitution right and the civil law right of privacy's, mainly showed the difference form the two's adjustment goal, legal effect range and relief way; secondly,the author think that right of privacy is one kind of the relativity right, when it involves the exercise of public interests, right conflict,value choice and so on, limit the right of privacy is necessary and realistic in a specific time through the priniciple of value balance,the priniciple of proportion, the priniciple of proper procedure.Part II:The development of the right of privacy protected by the constitution. This section introduces the development of the right of privacy constitution protection in main countries of the world, and international trends to be brief. The USA is the first country to study the right of privacy protection, the constitutional jurisprudence is quite developed, the constitutional right to privacy begins in the Supreme Court's explanation about Amendmentto the constitution, the right of privacy in USA Constitution is a kind of open and extensible fundamental rights. United Kingdom, because of legislation aspect,still refuses to acknowledge the right of privacy is an independent right, in the law to the right of privacy general requirement, mainly through other violations of the right to privacy into the proceeding to achieve privacy protecetion. Germanry's right of privacy constitution protecetion is created under the fundamental law principle, the right of privacy on constitution significance usually obtains the explanation and the related judicial protecetion through the case of personality right and. individuality development liberty. In Japan, altough favors in general theory and judicial practice in safeguards the right of privacy as a constitution right, in the constitution does not directly regulate the right of privacy, but by constitution 13th as a basis. Stipulate right of privacy neither directly in constitution of our country, the right of privacy in the law is relatively fragmented, citizen can only seek the relief to the right of privacy form infringement right of reputation angle to the privace protecetion. In the study the right of privacy protected by constitution, based on the analysis of international human rights documents and regional human rights documents right of privacy development, thought that the right of privacy is an international trend.Partâ…¢:Present situation to the constitution pretection of the right of privacy in China. First, carries on the analysis the lacks of the right of privacy form people's idea, the society lacks under our country tradition feudalism culture's influence regarding the individual person's value respect, it is no privacy to speak of, even if behind the reform and opening up, as a result of people's interia thought that people have not realize the privacy the importance. Next, analysis the protection of privacy in the lack of the law, mainly form the constitution, civil law, department law and judicial interpertation of the Supreme Court's these aspects obtains, has joined brief summarization leading to the right of privacy effect being political system in the cause lacking for a place legally. Although the text of our country implied a right of personal privacy interests of life concerns, but the fundamental frame foundation that citizen fundamental right protects does not have the protection to right of privacy especially in the field of public powers. Our country civil law protection of privacy is only limits to the violation of equal rights between infringement and recovery, when faces the national public power strength to the right of privacy infrigement the civil law will be incompetent incapable, and in fact the right of privacy protection is also only form the right of reputation angle embarking in the civil law. Altough other department law also has some to the right of privacy protection scattered stipulation, but stipulations are too simple,con not satisfy the need that people protect to the right of privacy. The judicial interpretation of the Supreme Court simply incorporated into the privacy rights or reputations of the scope of protection there, is only a kind of indirect protection. Finally, according to the reality life show that at present the country's natinal public power to the citizens of an invasion of privacy are quite serious, needs to carry on all-round protection of privacy.Part IV:Comsummatation the constitution protection of the right of privacy in China. First, through to various countries'constitution protected mode's outline, thought our country should adopt the pattern indirect protection under constitution dignity of human personality clause. Secondly, author thinks that should be the first to change the traditional concept of eatablishing the constitution rights of individuals in the dominant position in the privacy protection. Then must establish the right of privacy constitution protection the legal basis, establishs the right of privacy in the constitution stratification plane the protection basis. Next find the foundation of constitution protecting a basia in right of privacy, through the clear about the right of privacy in the department law the rich connotation to carry on the comprehensive safeguard to privacy, author mainly through the Civil Code Draft provisions on privacy, open government administration formulated on basis of the Privacy Act set out to illustrare the method and its supporting systems in the department law is necessary to enrich and improve the content of the legal protection of privacy to adapt the protection of privacy of citizens demand in the modern society. Finally must construct the right of privacy constitution protection in the judicial stratification plane, primarily form the constitution review of relief and the administrative procedure remedy these two aspects to construct the correaponding right of privacy the consititution relief safeguard mechanism. In the privacy of the constitution review of relief, through the examination of the mainly judicial review of constitution modes that should be taken to the legislature judicial review of constitution,sets up th econstitution committee to implement the violation of the constitution examination. In the right of privacy administrative procedure remedy aspect, the main measure is to improve the case scope of the adminiatration procedure system, first to expand the scope of accepting cases to the concrete administration action infringment, includes the basic constitutional rights in administrative procedure's scope of accepting cases, secondly the absreact administration action below the rules and regulations which formulates by administration organ must be integrate the scope of the administrative procedure judicial review.