Discuss On The Constitutional Protection Of The Right Of Privacy

Along with the continuous development of modern economic field and science and technology field,the contact between people becoming more and more closely.But the thing of invading personal privacy also increases, there are many typical cases at home and abroad. Meanwhile, in the background of expansion of the government’s power, citizens of personal information and activities are mastered by the country, countries’threat to the individual’s privacy is tangible and intangible. People need a close space only belonging to themselves urgently, leaving room for personal private information、private activities、 private field, not being disturbed and violated.While the most efficient approach to protect this right is defining through the law.Therefore, the privacy rights,as new rights,arousing the high attention of scholars and legislators at domestic and overseas.In our country, because of the influence of traditional culture, the start of focus on and discussion of the right to privacy in China is late, always discussing on civil law. However, in recent years, privacy right as fundamental right is having the advantages of its own value, and the protection of the privacy right needs competing with the features of nation public authority’s unreasonable invasion. It’s a need to bring the protection of privacy right into constitution level for discussing.The first section started with the theory of privacy and privacy right, summing up constitution rights it owned, including necessity、elementary、universality、unalienable、 origin、subjectivity、objectivity、generality、abstractness and so on. Thereby, the second part leaded the article into the constitution level of protection of privacy rights, it introduced the production and development of the constitution privacy rights in the angle of the history of research, and then discusses its legal basis and value basis. The third section compared Anglo-American law system、 Civil law system with international human rights documents, in terms of the legal system of privacy rights constitution protection abroad. The fourth section through summing up the legislation of our privacy protection at the present stage, we can find shortcomings, combine contemporary national condition with the international trend theory, put forward to the legitimacy and inevitability of bringing the privacy rights into constitution protection.