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On The Constitutional Protection Of The Right Of Privacy

Posted on:2011-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YinFull Text:PDF
GTID:2166330332469995Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the modern society .The value of which has increasingly drawn people's attention and pursuit. Protecting personal privacy has become an indispensable condition for maintaining self-respect and individual freedom. The more developed of social materials civilization, the more necessary people feel it is to keep the quietness of one's own internal world, it is beyond imagination having days without privacy. The right to privacy is one of the right categories, which are the result of continuous development of human right and civilization. Based primarily on the American and German protection theory and practice, this dissertation, from the universal human rights protection, discusses the history,foundation of the constitutional protection of the right of privacy carried out in foreign countries. It aims to provide reference to the research and system establishment of constitutional protection of the right of privacy in china, and make proposal on the constitutional protection of the right of privacy combined with situation in china. The main text altogether is divided five parts:Partâ… : privacy and the right of privacy. First I start from the headstream of privacy, and then to distinction from the private,public law perspective to research the concept of the right of privacy. Together analyze further the factors. Right attribute of the right of privacy.Partâ…¡: Come into being and development of the constitutional protection of the right of privacy. This part through right of privacy safeguard production history and American, German state development of privacy guaranteed by the Constitution and the constitutional guarantee of privacy in international development, to further explore the development path of legal protection for privacy and the privacy of the need for constitutional protection.Partâ…¢: The theoretical foundation of the constitutional protection of the right of privacy. This dissertation analyze the theoretical foundation which relate to the right of privacy existent in current. Aim to search some common value that hide it behind.Partâ…£: the main function of the constitutionally guaranteed right to privacy. Main conclusion with the constitutional guarantees of privacy social function and legal functions.Partâ…¤: Ponder of the constitutional protection of the right of privacy in china. First,from a legal perspective,the current situation of society's lack of constitutional guarantees of privacy, further analysis of the reasons for lack of privacy protection the constitution. And then we link our country's basic condition to analyze further the reason of the constitutional protection of the right of privacy.Finally, the article concludes that the right of privacy should become our country constitution safeguard citizen's basic right,the constitutional protection of privacy against the public authority has a direct effect in the modern country under the rule of law. therefore, the constitutional protection privacy is privacy protected by law One of the main means.
Keywords/Search Tags:constitution, the right of privacy, dignity of human personality
PDF Full Text Request
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