On Legal Protection Of Privacy Rights By Means Of Limitation On Executive Power

Privacy rights can be threatened not only by other individuals but also by administration institutions of the government. With the extension of the governmental function, the threat from the latter is on the rise. As a result, while perfecting the privacy protection policies, the restriction of governmental power is also necessary, on which is what I try to focus in this dissertation.The dissertation consists of four chapters.Chapter one probes into the relationship between privacy rights and executive power. First it introduces the basic theories of privacy rights and then those of executive power. Finally it argues that it is necessary to limit executive power for it comes from people and should serve the people.Chapter two focuses on the invasion of privacy due to the abuse of executive power. First it points out the current situation and then it analyzes the characteristics of the invasion. Finally, it explores the causes of the phenomena.Chapter three focuses on how the other countries limit the executive power to protect privacy rights. With the cases in U.S., Germany, and Japan as examples, it offers beneficial references to privacy legislation and protection in our country.Chapter four focuses on the legal thoughts of how to strengthen administrative enforcement of law for the sake of privacy protection. First it illustrates the current situation of legal protection of privacy rights in China, in which we have some achievements as well as some problems due to the insufficiency of legislation. Secondly, it offers suggestions for improving legal protection of privacy rights. Finally, it argues that the lack of efficient supervision of executive power is one of causes of invasion of privacy and then offers suggestions.