The Construction Of The Parallel Constitution-civil Protection To The Right To Privacy

As a personality right that every human cherishes, the right to privacy has been attached importance by the legal thought and protected by the judicial system since it was brought forward by Warren & Brandeis in 1896. Because of the different cultural and legal background, the legal cultural of privacy developed in different way in U.S. and European Continent, for the right to privacy in U.S. was created to protect Americans from the government's trespass into their own sovereignty, especially their liberty in the house and the European countries tends to protect humans'dignity. Freedom and Dignity are both the values of the right to privacy in different dimensionality, for Freedom is the instrumental value while Dignity the ultimate value of the right to privacy.To realize the Freedom and Dignity, humans have to face the threatens to the right of privacy from two domains: public domain and private domain. From the aspect of public domain, the abuse and dissimilation of administrative power do great harm to individual's privacy and the establishment of the constitutional right to privacy can make up the localization of the civil protection of the privacy right and establish the status of the right to privacy in the constitutional politics. From the aspect of the private domain, with the development of the society, public domain and private domain of the civil society are two powers that threaten the privacy right.Based on the above, we should establish a constitutional-civil protective system of the right to privacy. On one hand, we should establish the position of the right to privacy in constitutional law and on the other hand, we should regulate the tort of privacy right among the bodies with the equal status in law. This parallel protective system can guarantee the privacy away from the invasion of the public power and the trespass of the right from the individuals in the civil society.