Talk About The Our Country Constitution To Protect Citizens' Right Of Privacy

Privacy is citizen’s basic human right. The international human rights conventionsand the constitution of the countries around the world all have protection andrestrictive regulations on privacy. However, China’s current constitution does notclearly define this fundamental right. With continuous advancement of China’s marketeconomy and political democratization, circumstances and conditions for recognizingthe right of privacy are basically mature in our country. However, there are still manyobstacles in constitutional protection on privacy. Apart from institutional barriers, italso includes the barriers in legal theory and ideological understanding of legal culture.In order to guide privacy right onto constitution level, we must firstly address andovercome these negative factors. In the first place, we should clearly define theconcept of privacy, hence to put privacy into the protection scope of the constitution.Because citizens often suffer serious privacy invasion from one’s country, yet citizens’resistance to the invasion is insignificant and negligible. Constitutional protectionsystem on the right of citizen privacy must be established, thereby minimizing theunlawful infringement on citizens’ privacy from the country. With the deepeningprocess of democracy and the realization of civil rights, citizens began to realize thattheir own interests are violated by various departments in different degrees, and thenthey lodge complaints to the courts. However, these cases seem to have lesssatisfactory results. In this paper, the author adopts comparative analysis, logicalanalysis, and data analysis methods, to analyze the constitutional protection on citizens’privacy. Firstly, the paper finds out the causes to this issue, and then sums up theresearch status both at home and abroad, as well the significance of this study. Startingfrom the definition of privacy, it discusses the concept of privacy from the point ofview of the domestic and foreign scholars. On this basis, according to author’s ownunderstanding and analysis, it sums up the definition of privacy. And then it analyzesthe differences of privacy between constitution and ordinary laws. Having identifiedthe concept of constitutional privacy, it lays an important theoretical foundation for the study. The author conducts an in-depth analysis on the characteristics and theoreticalbasis of citizens’ privacy. Then from the privacy protection level and the constitutionallevel, it discusses the protection on citizens’ privacy and reasonable restrictions onprivacy and explores the relevant theories of constitutional right of privacy. The paperlearns from overseas’ experience and lessons, and then conducts a comparativeanalysis on various problems in China. According to author’s own understanding, theconstitutional norms of improving citizens’ right of privacy are proposed, andconstruction of citizens’ privacy-related legislation, promoting the protection of citizenprivacy legislation; in the meantime, appropriate supporting legislation is alsorecommended, hence to improve the entire legal system. Finally, the author putsforward suggestions on the application of the constitution.