Discuss The Constitution Protection System About The Right To Privacy In Our Country

With the development of market economy and the advancement of rule of law in our country, the legislation of human rights and the consciousness of civil rights make great progress. As a fundamental civil rights, the constitutional protection of the right to privacy become an important issue, especially when the power intrude personal affairs. In 1998, our country participated in International Covenant on Civil and Political Rights, the covenant point out that the right to privacy should be protect as a independent personal right. In the world, the protection of the right to privacy is changing it's ways from indirect protection to direct protection. Constitutional right to privacy is different from department law, such as civil law, constitutional right can resist the intrusion of power and can restrict the enforcement of power. The protection of the right to privacy by civil law and administrative law can't be substituted for constitutional protection.Our constitution has regulated some civil right provisions, these provisions can be seen the foundation of constitutional protection of the right to privacy. But in fact, our constitution can not be applied in judicature, so these provisions have no effect. The right to privacy has not been established in constitution and it's protection need help of other personal right which has been defined in constitution. The present thesis think that constitutional right to privacy is the core of civil rights, if law has forbad to enter personal affairs, power can not rob the right to privacy. Through analyzing the provision in America, France and Germany about the right to privacy and reviewing these different states'constitutional protection organization, our constitution protection system may take direct protection way and accept the right to privacy as a independent personal right in constitution. Basing on our state's material situation, oue constitutional protection would establish a united system that constitution is the core and department law is the base.