On The Constitutional Protection Of The Right Of Privacy

Along with the human society civilization and the privacy idea's development progress, the privacy obtains social unceasingly the acknowledgment, from the ideology transformation is one kind of privacy right, has become a legal establishment protection special right, presents in the true legal significance the right of privacy, this is the modern democratic constitutionalism request inevitably. We place in the modern society which flourishes more and more daily, we are enjoying the convenience which in the material life stratification plane the unprecedented advance in technology brings, but simultaneously we are also undergoing in the spiritual life stratification plane from modern society's all sorts of pressures, causes us to expose more and more under the society and the public field of vision, particularly invades citizen private domain day by day in the state power today, the right of privacy takes an item of citizen's basic right, its constitution protection is the realistic question which more and more should obtain takes seriously.The constitution basic right can protect is exempt from the state power personally illegal infringement, thus realizes the effective protection rights of citizens and the rules and regulations state power, therefore in the constitution stratification plane's right of privacy has unique social and the legal value function, has function which other department's method protection cannot substitute. The protection right of privacy received various countries the value to present the internationalization day by day the trend of development, the right of privacy constitution protection after has the quite mature theory and the experience in overseas oneself, Universal Declaration of Human Rights and international human rights joint pledge and so on international the human rights documents has made the related stipulation, protected citizen's right of privacy under the constitution significance to have the important meaning and the profound influence. However has not stipulated the right of privacy explicitly in our country constitution, although the new right infringement responsibility law the right of privacy legislation had in the civil law aspect has been very greatly progressive, but our country's right of privacy constitution protection's institutional framework did not have the true establishment as before, facing state power violation right of privacy case's growing day by day, integrated the right of privacy protection to our country constitution protection system, caused the right of privacy to become on the Chinese government by law track's independent right truly, obtained takes the constitution right the safeguard and the implementation, provided a guidance for other department law about the right of privacy stipulation standard function, this was a need entire society leans the strength, but for government by law important matter.This article through studies the analysis right of privacy from the constitution significance the protection basic question, first was obtains from the general theory, to introduce about the privacy and the right of privacy general concept theory, thus drew out takes the constitution right the right of privacy theory connotation, and has carried on the analysis comparison similarities and differences with the civil law in right of privacy, elaborated took the constitution right the right of privacy social function and the legal function; Next, carries out official duties the domain and the private domain divides the theory and the legal significance embarks, take private domain authority involvement as angle of view evaluation present age right of privacy crisis and in our country's reality performance, thus draws out the right of privacy constitution protection the necessity and the feasibility; Finally discusses our country's right of privacy constitution protection question, take realizes the right of privacy constitution protection core value as the goal, through introduction overseas about right of privacy theory and practice, analyzes our country constitution stratification plane right of privacy legislation protection the insufficiency, summarizes from the overseas right of privacy protection system inspires and uses for reference, proposed that conforms to the Chinese national condition right of privacy constitution protection to consummate the suggestion, namely strengthens our country citizen right of privacy protection consciousness; Is clear about our country right of privacy the constitution standard basis, causes it to become our country citizen basic right protection the core value provision; Through increases the right of privacy constitution explanation the possibility analysis, thus causes the right of privacy through the constitution to explain that can confirm and the safeguard; Unifies our country's concrete national condition establishment right of privacy violation of the constitution examination relief pattern, simultaneously intersection family rules and regulations to right of privacy basic content realization, coordinate judicature practice work, thus realizes the right of privacy constitution protection effectively truely.