| In today’s era,with the in-depth advancement of the rule of law in China,citizens have a deeper and deeper understanding of basic human rights concepts,and more and more attention is paid to the protection of personal privacy.In the "Civil Code of the People’s Republic of China",a chapter on "Privacy Rights and Protection of Personal Information" is set up in the Personal Rights Edition.At the same time,public law systems that prevent and regulate public powers of the state and public powers that infringe on citizens’ privacy rights are extremely rare,especially at the level of constitutional protection of the right to privacy,the right to freedom,property rights and other rights have long been included in the scope of constitutional protection,while the right to privacy is lack of constitutional protection.The research on the Constitutional Protection of the right to privacy is an important subject that needs to be carried out urgently at present.International human rights documents and regional human rights documents have made detailed provisions on the protection of privacy.Countries such as the United States,Germany,Japan and South Korea,which have relatively perfect privacy protection systems,have adopted constitutional amendments and constitutional interpretations to expand the content of privacy and establish the Constitutional Protection Status of privacy.These practices provide important experience for the constitutional protection of the right to privacy.The purpose and significance of this article is to explore the connotation of the right to privacy and the current status of constitutional protection of the right to privacy,compare and analyze the advanced experience of constitutional protection of the right to privacy outside the territory,and put forward suggestions to improve the constitutional protection of privacy in our country,so as to promote constitutional governance of the country and promote the construction of socialist rule of law with Chinese characteristics.This article uses literature analysis methods,historical analysis methods,comparative analysis methods and empirical analysis methods,etc.,taking the right of privacy as the starting point,and proposes specific countermeasures against the deficiencies of the constitutional protection of privacy in our country.The body of this article is divided into the following four parts:The first part introduces the Connotation of the right of privacy.Firstly,it points out the development of the concept of privacy and the protection of privacy in the traditional sense;secondly,it studies the expansion of the meaning of privacy and the change of the content of privacy in the information age;finally,the author compares the right of privacy in the Constitution with the right of privacy in the civil law to clarify the meaning of the right of privacy in the constitutional sense.The second part analyzes the status quo of constitutional protection of privacy.By introducing the current status of the constitutional protection of privacy in legislation and practice,pointing out the achievements,existing problems and reasons,and clarifying the necessity and feasibility of strengthening the constitutional protection of privacy.The third part puts forward the advanced experience of the extraterritorial constitutional protection of the right to privacy.Firstly,it introduces the International Law Provisions on the Protection of the right to privacy,including international human rights documents and regional human rights documents on the protection of the right to privacy;secondly,it summarizes the experience of the United States,Germany,Japan,and South Korea on the constitutional protection of privacy;Finally,it analyzes and proposes the enlightenment of the advanced experience of constitutional protection of extraterritorial privacy rights to our country.The fourth part puts forward suggestions to improve the constitutional protection of privacy in our country.The first is to promote the right to privacy into the constitution,stipulate the “right to privacy” at the fundamental level of the constitution,and establish its constitutional status;second,to improve relevant legislation and supporting systems to form a supporting legal system for privacy protection;finally,to improve the constitution The right to privacy should be remedied,and a constitutional review system should be established to solve the problem of relief after citizens’ right to privacy is violated,to protect the basic human rights of citizens,and to achieve a balance between the right to privacy and public power. |
