The Criminal Law Regulation Of "Secretly Taking Photos"

According to the definition in the dictionary,"secretly taking photos" refers to the behavior of the actor who takes photos without permission and is not noticed by the subject of photography.In the legal context,"secretly taking photos" is an illegal act that natural persons violate others' private space and life secrets by using tools or equipment to obtain citizens' privacy and satisfy their voyeuristic desire.At present,"secretly taking photos" shows the characteristics of a large number of cases and high degree of social harm.Specifically,it can be divided into six categories: hotel candid photographing,rented house candid photographing,bathroom candid photographing,public toilet candid photographing,public transport candid photographing and street corner candid photographing according to the location."Secretly taking photos" has become increasingly serious,but there are many deficiencies in the regulation measures.In the non-criminal law regulation mode,the regulation of administrative penalty is mainly reflected in three aspects: first,the regulation mode is single;Second,the regulation provisions are outdated;Third,the regulation effect is poor.The deficiency of civil regulation is mainly reflected in the lack of direct regulation provisions and the improper regulation mode of tort law.The lack of regulation of criminal law is mainly reflected in the lack of regulation of existing charges,among which the crime of citizen's personal information protects the citizen's right to information and data,which is different from the private space and life secrets violated by "secretly taking photos".The crime of illegal use of wiretapping and secretly taking photos focuses on the regulation of espionage,which is different from "secretly taking photos".The crime of compulsory indecency and insult is mandatory,while "secretly taking photos" is not mandatory.The crime of trespass on residential property is mainly the protection of residential property rather than the protection of privacy right.Although "secretly taking photos" is harmful behavior,it does not belong to the category of intentional injury protection.As there is no provision to directly regulate the "secretly taking photos" of serious infringement in the existing charges,in order to make up for the deficiency,there is a provision to directly regulate the act.First of all,it makes a theoretical demonstration on the punishment of "secretly taking photos".Secondly,it summarizes the criminal law regulation of "secretly taking photos" and summarizes the relevant legislative experience.Finally,the "secretly taking photos" is regulated by different department laws according to different circumstances.Minor cases are regulated by civil law,general cases are regulated by the combination of administrative punishment and civil remedy,and serious cases are regulated by criminal law.Since there is no related charge in the criminal law,it is suggested to add the crime of obstructing personal secrets,which makes up the deficiency of the criminal law regulation.