On The Study Of Privacy Protection In Criminal Proceedings

Personal privacy is a social convention formed by the development of human society.In increasingly complex social interactions,individual privacy has become an indispensable part of modern social life,whether it is individual private communication or public communication.With the rapid development of human science and economy in the 20 th century,people increasingly feel their own privacy.The reduction of the details of ordinary people’s lives is more to the social members and government departments.The author’s basic idea is that the privacy rights in criminal lawsuits are public law and privacy rights,and thus relate to the relationship between the state and individuals.The criminal procedure law is public law and bears the task of handling the relationship between the state and the individual.Therefore,privacy and criminality The procedural law has the possibility of making contact with each other.The criminal procedure law pursues an effective balance between the public power of the state and the rights and interests of citizens.The purpose of this article is to analyze the content and boundary of privacy in criminal lawsuits,analyze the current status of privacy protection in criminal proceedings in our country and related problems.Combining with the experience of privacy protection in the criminal procedure investigation process outside the domain,we have summarized the opinions on perfecting the protection of privacy in criminal lawsuits in China.Apart from the introduction and conclusions,this paper is divided into six parts:The first chapter introduces the basic connotation of privacy right and explains the concept and scope of privacy right one by one.Because the academic circles still have the vagueness of the concept and definition of privacy rights,this article divides the privacy rights in criminal lawsuits with personal privacy,spatial privacy,and information privacy.And explain that privacy is not self-development in a closed system,but changes with the development of society.The second chapter is that the relationship between the state and the individual is the basic problem in the criminal procedure.The main purpose of this chapter is to interpret the existing legislative provisions of the privacy right in the Chinese criminal procedure law,and analyze the problems existing in the privacy protection legislation in the criminal lawsuit.The third chapter aims to explain the problems of privacy protection in judicial practice through the interpretation of two classic cases.The fourth chapter is the purpose of this chapter to analyze the infringement of privacy rights in criminal lawsuits.It explains the non-standardization of investigation measures initiated in China from the level of legislation and clarifies that the awareness of privacy protection of investigators in China needs to be improved.The fifth chapter describes the successful experience of privacy protection in extraterritorial criminal lawsuits,and introduces the relevant provisions of the United States and Germany on the system of interception measures,search and seizure.And to interpret the relevant provisions of Japan’s latest "Communication Monitoring Law" amendment.The sixth chapter is the purpose of this chapter to summarize the suggestions for perfecting the privacy protection mechanism in criminal lawsuit.The conclusion is drawn from three aspects: the protection principle of privacy protection,the protection mechanism and the relief mechanism in criminal procedure.