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W.k.che Constitution Under The Perspective Of Privacy Protection

Posted on:2013-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2246330362964941Subject:Law
Abstract/Summary:PDF Full Text Request
Privacy concerns privacy, The first concept of right to privacy is ofcivil law of torts merely, which is aimed at one’s being let alone in hisprivate sphere against other’s intrusion. In modern society, right to privacyhas been changed into one of fundamental right in constitutional law, tolimit state power intervention in private life, Prevent the public powergratuitous interference in the private sector. The constitution is the essenceof privacy basic civil rights and human rights; It involved the scope ofprotection of private life, family, house, communication andcommunications secrets and personal data. At present, the constitutionalright to privacy has been formulated as a fundamental right in manycountries over the world. This paper introduces to the developed countrieson the basis of privacy security system,To the constitution of the privacyof status and rights boundaries for analysis,Points out the at present ourcountry privacy protection are the absence of the law,Put forward theincrease in the constitution of the necessity of privacy terms. This thesis isdivided into four parts,the specific details are as follows:In the first part, The constitutional protection of privacy right. Thissection from the privacy of the emergence and development of angle isintroduced the constitutional right of privacy is designed to protect thecitizen’s private life, private information from public power against aconstitutional right. And elaborated the right to know and privacy ofconflict and coordination relations, demonstrates the dignity and personalfreedom is the core value of the constitutional right to privacy foundation.The second part is a constitutional right of privacy the legal status. Theauthor analyzes the constitutional right of privacy is constitutional or international human rights documents approved by the citizens’ basicrights, And has an independent legal status。At the same time, theConstitution on the right to privacy and civil tort law on the right ofprivacy is compared,Proved that the constitutional right to privacy has theattribute of the basic rights,It is the best guarantee of legal rights.The third part is the constitutional right to privacy restrictions. Theauthor analyzed the related to public interests and private interests, privaterealm and the public realm, privacy protection will be how to deal with。At the same time, the author to international conventions on human rightsgenerally explain for standard will private life, family, home,communication and communications secrets and personal data as theobjective field that privacy, And introduces the American law of so-calledreasonable expectations of privacy standard boundariesThe fourth part is perfect our country’s citizens of the constitution rightto privacy being protected System suggest. Pass to our country in theprotection of privacy laws are analyzed, Pointed out in private law andpublic law privacy are the absence of the law, Further put forward theview of our country under the constitutional system of constitutionalinterpretation to stand and method of realization of privacy into theconstitution, Also recommended that speed up personal informationsystem and establish the system of Review Of Constitutionality makescitizens the right to get to protect privacy.
Keywords/Search Tags:constitutional right of privacy, Value foundation, Legal status, Limitation of Rights, System suggest, ConstitutionalReview
PDF Full Text Request
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