On Penal Protection On Privacy Right

With modern society's fast development and science's and technology's high speed development, it has brought us many new problems and also has given us the new task to research. The right of privacy criminal law protection research is one of this. Various countries have began to regarding the right of privacy researching more than 100 years history, our country's right of privacy legal protection is quite backward to compares with other countries, But until now there is no a legislation of the right of privacy in China, it is extremely scattered to the right of privacy legal protection, is only the parts in the middle of department's method provision of law, has not formed a system complete system. Along with information age's coming it has brought the unprecedented challenge for people's traditional privacy protection, The citizen right of privacy's criminal law protection also becomes an extremely important fundamental research question, but in the reality violated other people's privacy case already extremely to lift , This has provided the development perfect turning point for individual privacy's legal protection, Criminal law should give the essential attention to the citizen right of privacy, but our country criminal law has not given the proper attention to the citizen right of privacy's protection, Our country criminal law limits merely to the citizen right of privacy protection stipulation in the middle of several charges, This cannot satisfy the social reality and the judicature practical needs by far, Various countries related violation right of privacy crime's stipulation compares, our country criminal law to the citizen right of privacy's protection institute's function is very limited. Therefore, this article obtains from the analysis privacy and the right of privacy elementary theory, Elaborated our country current right of privacy legal protection present situation, Especially criminal law to citizen right of privacy protection present situation, And profits from the overseas right of privacy related criminal activity legal protection pattern, it is essential to discuss and initiates to strengthen to the citizen right of privacy criminal law protection.The main parts are outlined below:Pert one is about analysis of basic theories of the right to privacy. Through the backward privacy and the right of privacy production development, the author proposes the right of privacy concept.Part two is about comparative analysis of the system of the right to privacy. The study emphasis is on the legal protection system of privacy of the U.S., Britain, and France, German and Japan as well as their different evolvement. On this basis, the author describes the general trend of international legal protection of the right to privacy and sums up three types of protection mode. Through current to violates the citizen right of privacy legal protection condition to our country criminal law the inspection, has analyzed our country criminal law related violation citizen right of privacy legal protection system's characteristic exhaustively, and emphasized strengthens to violates the right of privacy crime legal regime regarding to consummate our country to be related legislative the importance.Part three is about the right of privacy criminal law protection value significance and necessary analysis. This article mainly from the free value, the order value, the just value and the dignity value analyzes the right of privacy to integrate the criminal law protection the value significance, and analyzed the right of privacy to integrate the criminal law protection exhaustively the necessity.Part four is about our country right of privacy criminal law protection ponder and suggestion. Makes concrete carries on the elaboration from the legislative aspect, proposed that the consummation legislative plan, suggests in the legislation to additionally build the related violation right of privacy the charge, The detailed analysis related violation right of privacy crime's penalty disposes the question, For echoes with the world penalty leisurely civilized general trend, The author proposed that to violates the right of privacy crime establishment take the short-term free punishment primarily fine punishment as the auxiliary penalty system, in the programming proposed that the establishment appeal private prosecution for auxiliary investigates the way primarily.