Research On The Criminal Law Protection Of Privacy

The problem of protecting privacy laws is not a new topic, but the problem of protecting privacy criminal law in our country is a field that few people paid attention to. In 1890, Warren and Brandeis published"the Right to Privacy"and Stir in the United States and the world, privacy become a widely recognized rights in the world. After a hundred years of development, privacy developed from the field of civil law to other fields. But criminal law as other method of how to adjust the current protection, how to adjust the present criminal law in our country about privacy rules and to provide necessary protection to privacy in the reasonable scope is the content we try to discuss in this paper.This article adopts the historical analysis, case analysis, crossover analysis and comparison analysis and other methods to analysis the problem of the protection of criminal law. Privacy, accompanied by the progress of human civilization and established, produced its beginning primarily as a kind of personality interests and existed in the civil legal. In order to understand the existing problems of legal protection of privacy and the impact of the criminal law protection, this paper adopts historical analysis and cross analysis method to study the development course of privacy and other laws (mainly constitution and civil law) for the protection of privacy rules. Aiming at exiting problems appeared in the judicial practice in our country, and the status that main countries under the rule of the criminal law how to protect privacy more complete, this article also adopted the case analysis and comparison analysis, combined with popular invasion of privacy case in recent years to discussed the necessity of the criminal law to protect privacy, and understand how to introduce major countries under the rule of excellent legislation, based on the situation of our country, puts forward the suggestions of privacy criminal legislation for our country.Base on the historical development and subject fields, this paper lists the criminal legislation related to privacy exhaustively, and analyzes the influential factors of criminal legislation to protect the privacy, learn other countries'experience, suggest increase crime charges that privacy related. Adjusting and modifying the existing criminal legislation, perfecting privacy crime constitution of crime, punishment and litigation mode, trying to build and perfect criminal law system to protect privacy for our country.